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    Registers - Proper maintenance of registers by companies
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    Registers maintenance: Companies must keep statutory registers with prescribed particulars to preserve disclosure and inspectability.
    Companies must maintain specified statutory registers at their registered office in the prescribed form with all particulars required by statute, including material terms of contracts, identities of directors concerned, votes for and against arrangements, and disclosures of interests; registers must permit inspection and be formatted to capture the particulars expressly required so as to fulfil their disclosure and compliance functions.
    Charges - Modification of ‑ Whether transfer or assignment of rights by charge‑holder amounts to modification
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    Assignment of charge rights is a modification requiring registration so the new chargeholder is entered in the register.
    Assignment of a charge makes the assignee the de jure charge holder and constitutes a modification of charge requiring the company to register that modification with the Registrar by filing the prescribed form and fee so that the persons entitled to the charge are entered in the register of charges and are ascertainable by creditors and shareholders.
    Charges - Registration of ‑ Whether Registrar can register a charge which is pledged on movable property
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    Registration of movable property pledges is permissible on request but must be noted as non mandatory and without prejudice.
    Registrar may permissibly register a pledge on a company's movable property at the request of the company or any interested person if required particulars and the prescribed filing fee are furnished; the Registrar must inform the applicant that such registration is not compulsory and will be made "without prejudice" if insisted upon, and advise that particulars of any subsequent modification and notification of the memorandum of satisfaction should be intimated to the Registrar.
    Declaration of solvency ‑ Registrars directed to check up resolutions for voluntary winding up as soon as they are filed and give advice in case resolution is found to be defective
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    Declaration of solvency: registrars must promptly verify voluntary-winding resolutions and advise on defects to regularise company filings.
    Registrars must scrutinise resolutions for Declaration of Solvency and voluntary winding up immediately upon filing to ensure statutory compliance, and, if a resolution is found defective or void, must advise the company on steps to regularise the matter, identify defects, and recommend remedial procedural actions to preserve legal certainty in the winding up process.
    Inspection of documents kept by Registrar - Whether Registrar can produce in court documents in original
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    Admissibility of certified copies: certified company documents suffice in court unless the court expressly demands originals.
    Registrars must furnish certified copies of registered company documents in legal proceedings because certified copies are admissible and treated as having equal validity to originals; originals should be produced only when the court expressly calls for them and in accordance with the prescribed procedural form.
    Inspection of documents kept by Registrar - Whether certified copies to Income-tax Department can be furnished free of cost
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    Free inspection of company documents excludes free certified copies; authorised government representatives may copy at their own expense.
    Certified copies of company documents kept by the Registrar are not to be issued free of cost; authorised representatives may inspect records free of charge and may obtain copies at their own expense by deputing responsible officers. Minor information such as a company's name or registered address may be supplied by the Registrar without fee. All Government Departments are to be treated alike for the concession of free inspection.
    Name of company ‑ Availability of ‑ When name of a company is considered undesirable for registration ‑ Instances of
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    Company name availability: names identical or resembling existing names, implying government patronage, or misleading scope are disallowed.
    A company name is undesirable and may be refused if it is identical with or closely resembles existing company names (including liquidated companies, well known firms, nicknames, or exact translations), if it attracts the Emblems and Names Act, implies government participation or association with revered persons, includes restricted terms like Co operative, Bank, Insurance, Investment, or Trust without justification, uses a proper name not that of a director, incorporates a registered trade mark without consent, or is likely to create a misleading impression about the company's scope of activities.
    Restrictions on ‑ Whether compliance of clause (e) of sub‑section (1) obligatory where contributions are in the form of shares
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    Restrictions on corporate charitable contributions: shareholder consent required when donations risk exceeding statutory ceilings; undervaluation of shares discouraged.
    Section 293(1) requires board action to obtain shareholder consent for contributions exceeding the clause (e) ceiling; donations in the form of fully paid up shares are permissible only if the value does not exceed the prescribed ceiling and statutory requirements are complied with, and deliberate undervaluation to circumvent the ceiling is disapproved.
    Salaries and allowances-Perquisites boarding and lodging--Determination of value-Instruction regarding.
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    Valuation of perquisites: prescribed formula for lodging and boarding for hotel employees, excluding directors with substantial interest.
    Instruction prescribing computation of taxable perquisites for hotel employees: lodging valued as a proportion of salary for furnished or unfurnished accommodation or the usual rent, whichever is less; boarding valued at the hotel's actual cost of food supplied (including overheads). The formula applies only to bona fide employees and excludes directors with a substantial interest in the hotel company.
    Voluntary ‑ Winding up ‑ Declaration of solvency ‑ Effect of non‑filing of declaration of solvency on voluntary winding up
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    Declaration of solvency requires statutory compliance; without it the declaration is ineffectual and departmental guidance applies.
    A declaration of solvency filed without compliance with the statute governing its formal requirements is without effect; such ineffectual declarations must be treated and processed under the departmental instructions applicable to defective or non filed declarations, so that statutory compliance is an essential precondition to the declaration's operative effect in a voluntary winding up.
    Charges - Satisfaction of ‑ Time within which notice to holder should be issued
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    Timely notice requirement: Registrar must issue notice to charge holder promptly to avoid delay in recording satisfaction.
    The Registrar must send the notice under sub section (2) to the holder of a charge as early as possible and, in any event, within a week of receiving the company's intimation of satisfaction, to avoid undue delay in recording memorandum of satisfaction of the charge.
    Share Capital - Alteration of ‑ Creation of shares concurrently with cancellation of certain unissued share capital ‑ Whether amounts to increase in authorised capital and whether Form Nos. 5 and 6 are required to be filed
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    Authorised capital increase not triggered by reclassification of unissued shares; no additional registration fees but Forms 5 and 6 required.
    Where cancellation of a class of unissued shares and simultaneous creation of unclassified shares of the same denomination does not raise the company's total authorised capital beyond the original authorised amount on which fees were paid, no further registration fees are payable; the company must still file Form Nos. 5 and 6 to complete the Registrar's records.

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