The Companies Act, 2013: Appointment of Directors

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Section Title Related

The Companies Act, 2013


Appointment of Directors
149 Company to have Board of Directors
149(1)(a) Minimum number of Directors
149(1)(b) Maximum number of Directors
149(3) Resident Director
149(4) Independent Directors for listed Public Companies
149(6) Who can become an Independent Director? IM RustoM OF VEN
149(7) Declaration by Independent Directors
149(8) Duty to abide by Schedule IV/Code of Conduct for IDs
149(9) Independent Director not to have Stock Option
149(10) Term of Office of Independent Director
149(11) Restrictions on Term of Independent Director
149(12) Exemption from Liability for Independent Director and NED
149(13) No rotation for Independent Director

150 Manner of Selection of ID and Maintenance of Data bank of ID


151 Appointment of Directors by small shareholders
152 Appointment of Directors
152(2) Director to be appointed in a General Meeting
152(3) Person not to be director until DIN allotted
152(4) Person to be appointed as Director to furnish DIN
152(5) Person to appointed as Director to give Consent DIR 2
152(6) Retirement and Rotation of Directors
152(7) Reappointment of Directors

153 Director to apply for DIN DIR 3


154 CG to allot DIN within 1 month
155 Prohibition for more than one DIN
156 Director to intimate DIN to Company DIR 3B
157 Company to intimate DIN to RoC DIR 3C
158 Director to furnish DIN
159 Penalty 50,000 + 500/day
160 Rights of a person other than requiring Director to stand for Directorship
161 Appointment of Additional Director, Alternate Director, and Nominal Director
162 Appointment of Directors to be voted on individually
163 Appointment of Directors by Proportional Representation
164 Disqualifications for Directors
164(1) Default by Directors UC2 I2C DRM
164(2) Default by Company DIR 9
165 Maximum no. of Directorships DIR 8
166 Duties of the Director DUBAAI
167 Vacation of office of Director
(1) Ahmedabad - incurs disqualification u/s 164
(2) Bangkok – absents himself from BM for 12 months or more
(3) Chennai – contravention to 184 entering into interested party transaction
(4) Delhi – fails to disclose his interest in contracts he is interested in
(5) Europe – disqualified by order of court or tribunal
(6) France – convicted of an offence involving moral turpitude or otherwise
(7) Goa – removed by court in pursuance of provision of this act
(8) HK&Sgpore – appointment on virtue of office- holding or subsidiary, cease to hold office.
168 Resignation of Directors DIR 11
169 Removal of Directors
170 Register of Directors, KMPs and their shareholding DIR 12
171 Members’ right to inspect
172 Punishment for contravention of Section 149 to 171

Meetings of the Board and its powers


173 Meeting of the Board
174 Quorum for Board Meeting
175 Resolution by circulation
176 Defects in appointment of Director not to invalidate actions taken by Director
177 Audit Committee SEVA MERA
178 Nomination and Remuneration Committee and Stakeholder Relationship Committee
179 Powers of board AB2C DIL FROG
180 Restriction on powers of Board Board Is Restricted to Sell
181 Contribution to Charitable Funds
182 Political Contributions
183 Contribution to National Funds
184 Disclosure of Interest by Director MBP 1
185 Loan to Director
186 Intercorporate Loans, Investments etc. MBP 2
187 Investments of a company to be held in its own name MBP 3
188 Related Party transactions S2ALSA U
189 Register of Contracts of Arrangements in which Directors are interested MBP 4
190 Contract of Employment with Managing or Whole-time Directors
191 Compensation for Loss of Office in connection with Transfer of Undertaking/Property/Shares
192 Restriction on Non cash transactions involving Directors
193 Contracts by OPCs
Appointment and Remuneration of Managerial Personnel
196 Appointment of Managing Director, Whole time Director or Manager MR 1
197 Overall Maximum Managerial Remuneration and Managerial Remuneration in
case of Absence or Inadequacy of Profits
198 Calculation of Profits
199 Recovery of Remuneration in Certain cases
200 Company to fix limit with regards to Remuneration
201 Forms and Procedure in relation to Certain Applications
202 Compensation for Loss of Office of Managing or Whole time Director or Manager
203 Appointment of Key managerial Personnel
204 Secretarial Audit for Bigger Companies MR 3
205 Functions of Company Secretary
Inspection, Inquiry and Investigation
206 Power of Registrar to call for information and inspect documents
207 Conduct of Inspection and Enquiry
208 Report on Inspection made
209 Search and Seizure
210 Appointment of Investigators by Central Government
211 Establishment of SFIO Rule 3 and 4
212 Investigation into the Affairs of a Company by SFIO
213 Investigation into the Affairs of a Company by and order made by the Tribunal
214 Security for payment of costs and expenses of Investigation
215 Firm, Body corporate not to be appointed as Investigator
216 Investigation of Membership of a Company
217 Powers of Inspector
218 Temporary protection of Employees
219 Power of inspector to conduct investigation into affairs of related companies
220 Seizure of documents by the inspector
221 Freezing of assets of company on inquiry and investigation
222 Imposition of restriction upon transfer securities
223 Inspector’s Report
224 Actions in pursuance of Inspector’s Report
225 Expenses of Investigation
226 Voluntary winding up etc. not to stop investigation proceedings.
227 Savings for legal Advisors and Bankers
228 Inquiry, Inspection and Investigation of Foreign Companies
229 Penalty for Furnishing false statements, mutilation, destruction of documents
Compromises, Arrangements and Amalgamations
230 Power to Compromise or make Arrangements ADO ANSOR DBTA
231 Power of Tribunal to enforce Compromise or Arrangement
232 Merger and Amalgamation of Companies ADO All Fall All Up
233 Merger or Amalgamation of Certain Companies/ Fastrack Merger
234 Merger or Amalgamation of Foreign Companies
235 Dissenting Shareholders/ Amalgamation through takeover OA RD OA P
236 Purchase of Minority Shareholding
237 Amalgamation/Merger in Public Interest PCA OOT
238 Registration of offer of schemes involving transfer of shares
239 Preservation of books and papers of Amalgamated Company
240 Liability of Officers prior to amalgamation to continue
Prevention of Oppression and Mismanagement
241 Application to Tribunal for relief in cases of Oppression
242 Power of Tribunal SAFAR RACO
243 Consequences of Termination or Modification of Certain Agreements.
244 Right to apply under Section 241
245 Class Action Suits
246 Application of Certain Provisions to Proceedings under Section 241 or Section 245
Registered Valuers
247 Registered Valuers SPAG DaNieLS2
Removal of Names of Companies from the Register of Companies
248 Power of Registrar to remove of names of Companies from the register of Companies
249 Restriction on making application under Section 248 in certain situations
250 Effect of Company notified as dissolved
251 Fraudulent Application for removal of names
252 Appeal to Tribunal
Winding Up
270 Winding up by tribunal
271 Circumstances in which company may be wound up by tribunal SIFAJ
272 Petition for winding up
273 Powers of tribunal
274 Directions for filing statements of Affairs
275 Company Liquidators and their appointments
276 Removal and Replacement of Liquidator
277 Intimation to Company Liquidator, Provisional Liquidator and Registrar SOP
278 Effect of Winding up order
279 Stay of suits, etc. on winding up order
280 Jurisdiction of Tribunal
281 Submission of Report by company liquidator
282 Directions of Tribunal on report of Company Liquidator
283 Custody of Company Properties
284 Promoters, directors etc. to cooperate with Company Liquidator
285 Settlement of list of contributories and Application of assets
286 Obligation of Directors and Managers
287 Advisory Committee
288 Submission of Periodical reports to Tribunal
290 Powers and Duties of Company Liquidator
291 Provision for Professional Assistance to Company Liquidator
292 Exercise and Control of Company Liquidator
293 Books to be kept by Company Liquidator
294 Audit of Company Liquidator’s Accounts
295 Payment of debts by contributory and extent of set off
296 Powers of Tribunal to male calls
297 Adjustments of rights of Contribution
298 Power to order costs
299 Power to summon persons suspected of having property of company, etc.
300 Power to order examination of Promoters, Directors, etc.
301 Arrest of person trying to leave India or abscond
302 Dissolution of Company by Tribunal
303 Appeals from made before commencement of Act
324 Debts of all description to be admitted to proof
326 Overriding preferential payments
327 Preferential payments
328 Fraudulent preference
329 Transfer not in good faith to be fraud
330 Certain transfers to be void
331 Liabilities and rights of certain person fraudulently preferred
332 Effect of floating charges
333 Disclaimer of Onerous Property
334 Transfer, etc., after commencement of winding up to be void
335 Certain attachment, execution etc., in winding up by Tribunal to be void
336 Offences by officer of Companies in Liquidation
344 Statement that Company is in Liquidation
345 Books and Papers of Company to be Evidence
346 Inspection of books and papers by creditors and contributories
347 Disposal of books and papers of company
352 Company liquidation Dividend and Undistributed Assets Accounts
353 Liquidator to make returns
354 Meeting to ascertain wishes of creditors or contributories
355 Court, Tribunal or person, etc. before whom affidavit may be sworn
356 Powers of Tribunal to declare dissolution of Company to be void
357 Commencement of Winding up
358 Exclusion of certain time in computing period of limitation
Companies Incorporated outside India
379 Application of Act to foreign companies
380 Documents to be delivered to Registrar by Foreign Companies FC 1, FC 2
381 Accounts of Foreign Company FC 3
382 Display of name etc. of Foreign Company
383 Service of Documents on Foreign Company
384 Debentures, Annual return, Registration of charges, BoA & their inspection FC 5
385 Fee for registration of documents
387 Dating of prospectus and particulars contained therein
388 Provisions as to expert’s consent and allotment
389 Registration of Prospectus
390 Offer of Indian Depository Receipts
391 Application of Sections 34 to 36 and Chapter XX
392 Punishment of contravention
393 Company’s failure to comply with provisions of this Chapter not to affect validity of Contracts.
394 Annual report of Government company
395 Annual reports where one or more State Governments are members of companies
Nidhi Companies
406 Power to modify Act in its application to Nidhis NDH 1,2,3
National Company Law Tribunal and Appellate Tribunal
412 Selection of members of Tribunal and Appellate Tribunal
413 Term of office of President, Chairperson and other members
417 Resignation of members
419 Benches of Tribunal
421 Appeal against order of Tribunal
423 Appeal before SC
424 Procedure before Tribunal and Appellate Tribunal
425 Power to punish for Contempt
426 Delegation of Powers
427 President, members, officers etc. to be public servants
428 Protection of action taken in good faith
429 Power to seek assistance of Chief Metropolitan Magistrate
430 Civil Court not to have Jurisdiction
431 Vacancy in Tribunal or Appellate Tribunal not to invalidate acts or proceedings
432 Right to legal representation
433 Limitation
434 Transfer of certain pending proceedings
Adjudication, Special Courts and Miscellaneous
435 Establishment of Special Courts
436 Offences triable by Special Courts
437 Appeal and Revision
438 Application of Code to Proceedings before Special Courts
439 Offences to be Non-Cognizable
442 Mediation Conciliation Panel
446A Factors for determining level of Punishment
446B Lesser Penalties for OPCs
447 Punishment for Fraud
455 Dormant Companies MSC 1
Corporate Secretarial Practices
Drafting a resolution:
Subject: ……………………
Passing Authority: ……………………
Nature of the Resolution: …………………… (If BM: Resolution with Simple Majority, Unanimous Resolution.
If GM: Ordinary Resolution/Special Resolution

“RESOLVED THAT pursuant to the provisions of Section………

RESOLVED FURTHER THAT……

RESOLVED FURTHER THAT the Company Secretary of M/s……………. is hereby authorized to file necessary returns
with the Registrar, make necessary entries in the relevant registers and take all such steps and actions as may be
required to give effect to this Resolution.”
_____________________________________________________________________________________________
Notice of Board Meeting:
Board Meeting
Section 173(3) of the Companies Act, 2013: Notice convening a Board Meeting
Company name
Place, Date

To “Directors name”
Notice is hereby given that….
A copy of agenda of business which are likely to be transacted at the meeting is enclosed for your perusal.

Yours faithfully
For “Company name”
Secretary.

Agenda for the Board Meeting:


Agenda for Board meeting to be held at……on…. day, of….20…at…. [a.m.]
“Company name”
(i) Start points with “The Chairman to”
 Announce that Quorum is present
 Address the meeting and move that, with the permission of the members present, the notice of the meeting and the
Director’s Report be taken as read, and to call on the Secretary to read the Auditor’s Report.
 Propose that “Resolved that the……….”
 Mr.……to second
 To invite members to put questions regarding working of the company under review, put motion, declare result.

(ii) Mr.……… a Director to propose


“Resolved that……”
(iii) The Chairman to declare the meeting closed.
_____________________________________________________________________________________________
Minutes:
Minutes of…………meeting of the Board of Directors of ……………Limited held on ………the…………20XX, at …………
Present:
1. ………………Chairman
2. ………………Director
3. ……………Director
In attendance Secretary
Item No. 1: Leave of Absence:
Item No. 2: Confirmation of minutes of the ………………(previous) Board Meeting
Item No. 3: Appointment if Managing Director
Item No. 4: Next Board Meeting
_____________________________________________________________________________________________
Application letter to Central Government:
Formal letter format
Show resolution passed to the effect of subject matter (with the last company secretary resolution also)
2nd last paragraph: This application is bonafide and will not harm the Interest of anybody if accepted.
Last paragraph: Application fees of …………………has been paid vide DD No…………………
The Securities Exchange Board of India Act, 1992
Preamble Objects of the Act
3 Establishment of SEBI MF SEBI
4 Management of SEBI 1 2 1 5
1 Chairman
2 Members from CG
1 Official of RBI
5 other members; 3 will be whole-time members
11A Power of SEBI to Regulate or Prohibit Issue of Prospectus, etc.
11B Power to issue directions
11C Power of SEBI to order Investigation
11D Cease and Desist proceedings
12A Prohibition of manipulative and deceptive devices, insider trading etc.
15A Accounts
-Furnish any document, return or report to SEBI
-File any return or furnish any information, books or other documents to SEBI
-Maintain the books of accounts or records

15B Big Broker


Failure by intermediary to enter into an agreement with his clients
15C Calls
SEBI calls upon company to address investor grievance, and company fails to do so
15D Dhoka and Default
Carrying on Collective Investment Scheme without obtaining certificate of registration
Carrying on CIS, makes TADRI defaults
T – fails to comply with Terms and Conditions of Certificate of Registration
A – fails to make an Application for listing of its schemes
D – fails to Dispatch unit certificates of any scheme
R – fails to Refund the application monies paid by the investors
I – fails to Invest money collected by it.

15E Ek AMC
failure by AMC of a mutual fund to comply with regulation restriction on the activities of AMCs.
15F Failure – Registered Stock Broker fails to deliver securities or make payment of amount due
15F Failure – RSB fails to issue contract notes in the form and manner specified by SE
15F Failure – RSB charges brokerage in excess of brokerage specified in regulations
15G Gharwaale – Insider
-deals in securities of a BC listed on SE on basis of UPS
-communicates any UPS to any person except as required by the law or ordinary course of
business
-counsels, or procures for any other person to deal in any securities of any BC on basis of UPS
UPS - UNPUBLISHED PRICE SENSITIVE INFORMATION
15H Holding
-Fails to disclose shareholding in the body corporate before he acquires any shares of that body
corporate
-Fails to make a public announcement to acquire shares at a minimum price
-Fails to make a private placement by sending a letter of offer to the shareholder of the
concerned company.
-Fails to make payment of consideration to the shareholders who sold their shares in pursuant
to letter of offer
15HA HA = Fraud in Taiwanese
Where a person indulges in fraudulent and unfair trade practices relating to
such securities.
15HB Fails to comply with any provision of this ACT, rules or regulations made
thereunder
15A to 15F1 Rs. 1 lakh per day, or Rs 1 Crore whichever is lower
15F2 Amount of contract note
15F3 Rs. 1 Lakh or 5 times the excess brokerage whichever is higher
Rs. 25 Cr. Or 3 times the amount of profit made out of default whichever is higher
15G to 15HA
Maximum Rs. 1 Cr.
15HB

15JA Crediting sums realized by way of penalties to Consolidated Fund of India


15I Power to adjudicate
15J Factors to be taken into account by the adjudication officer
15K Establishment if Securities appellate Tribunal
15L Composition of Securities Appellate Tribunal
15M Qualifications for appointment as presiding officer or member of SAT
15N Tenure of office of Presiding Officer, etc.
15T Appeal to SAT
24 Where a person fails to pay penalty imposed by AO or fails to comply directions or orders.
Imprisonment: 1 month – 10 years
Fine : up to Rs. 25 Cr. or both
24A Composition of certain offences
24B Power of grant Immunity
26A Establishment of Special Courts
SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015
Reg 5 General obligation of compliance
Reg 6 Appointment and Responsibilities of the Compliance Officer
Reg 7 Share Transfer Agent
Reg 13 Grievance Redressal Mechanism
-on quarterly basis, within 21 days
-Investor complaints (i) pending (ii) received (iii) disposed (iv) unresolved
Reg 17 Board of Directors (read amendments)
Reg 17A Maximum Number of Directorships
Reg 18 Audit Committee
Reg 19 Nomination and Remuneration Committee
Reg 20 Stakeholder Relationship Committee
Reg 21 Risk Management Committee
Reg 23 Related Party transactions
Reg 24 Corporate Governance requirements with respect to subsidiary of listed entity
Reg 24A Secretarial Audit
Reg 25 Obligations with respect to IDs
Reg 27 Other Corporate Governance Requirements
Reg 29 Prior Intimations of Board Meetings
Reg 31 Holding of specified securities and shareholding pattern
Reg 32 Statement of Deviations or Variations
Reg 33 Financial Results
Reg 34 Annual Report
Reg 36 Documents and Information to shareholder
Reg 37 Draft Scheme of Arrangement and Scheme of Arrangement
Reg 40 Transfer or Transmission or Transposition of Securities
Reg 42 Record Date or Date of closure of transfer books
Reg 46 Website
The Securities Contracts (Regulation Act), 1956
Objects of the Act SUSTA
2(ac) Derivatives
2(d) Option in securities
2(i) Spot Delivery Contracts
28 Non-Applicability GRAPES
2(ab), 4A Compulsory Corporatisation and Demutualisation
3 Application for Recognition
4 Grant of Recognition
5 Withdrawal of Recognition
6 Power of Central Government(SEBI) to call for Information
7 Annual Report
7A Rules Restricting Voting rights
8 Power of Central Government(SEBI) to make rules
8A Clearing Corporation
9 Power of Recognized Stock Exchanges to make Bye-Laws
10 Power of SEBI
11 Power of CG(SEBI) to SUPERSEDE recognized stock exchanges
12 Power tom suspend business of Stock Exchanges
12A Power to issue Directions
13A Additional Trading Floor
15 Members not to act as principals
16 Power to prohibit contracts in certain cases
17 Licensing of Dealers in Securities in certain areas
17A Special provisions for public issue and listing of certain securities
18A Contracts in Derivative
21 Listing of Securities
21A Delisting of securities
22A Appeal before Securities Appellate Tribunal against refusal to list securities
22B Procedure and Powers of SAT
22C Legal Representation
23A Penalty 1 lakh/day till 1 Cr
23JA Settlement with SEBI
23L Appeal to SAT
23M Offences
23N Composition of certain offences
23O Power to grant immunity
27 Title to Dividends
27A Right to receive income from Collective Investment Schemes
The Prevention of Money Laundering Act, 2002
3 Money Laundering
4 Punishment for Money Laundering
12 Banking companies, Financial institutions, and intermediaries to maintain books
12A Access to Information
13 Powers of the Director
14 Immunity for Reporting Entity, its directors and employees.
25 & 26 Appeal to Appellate Tribunal
38 In case of Tie in decision of Appellate Tribunal, Chairman…..
43 Special Courts
45 Offences to be cognizable and Non-Bailable
57 Reciprocal agreements

The Insolvency and Bankruptcy Code, 2016


Purpose behind IBC, 2016 Indian Cricket Board Pray at Church, Temple, Mosque
Distinguished Features of the Board NEW COOL
2 Applicability of the Code
4 Applicability to Corporate Persons
6 Persons who may initiate the Corporate Insolvency Resolution Process
7 Initiation of Corporate Insolvency Resolution Process by Financial Creditor
8 & 9 Application for initiation of Corporate Insolvency Resolution Process by Operational Creditor
10 Initiation of Corporate Insolvency Resolution Process by Corporate Applicant
11 Persons not entitled to make Application
12 Time limit for Completion of Insolvency Process (180+90)
12A Withdrawal of Application filed u/s 7/9/10
13 & 14 Moratorium Period and Public Announcement
15 Public Announcement
16 Appointment and tenure of Insolvency Resolution Professional (IRP)
17 & 18 Powers and Duties of IRP
19 Personnel to extend cooperation to IRP
20 Management of operations of Corporate Debtor as a going concern
21 Committee of Creditors
22 Appointment of Resolution Professional (RP)
23 and 25 Functions and Duties of RP
24 Meeting of Committee of Creditors
25A Rights and duties of authorized representative of financial creditors
27 Replacement of RP by CoC
28 Approval of Committee of Creditors for certain actions
29 Preparation of Information Memorandum
30 & 31 Submission and Approval of Resolution Plan
33 Initiation of Liquidation
34 Appointment of Liquidator and fee to be paid
35 Powers and Duties of Liquidator ESPN VIPO
36 Liquidation Estate
37 Power of Liquidator to access information
38 Consolidation of Schemes
39 to 41 Verification, Admission-Rejection and determination of Valuation of Claims
42 Appeal against the decision of Liquidator
52 Options to Secured Creditor in Liquidation proceedings
53 Priority for Distribution of Assets
55 to 58 Fastrack Corporate Insolvency Resolution Process
59 Voluntary liquidation of Corporate Persons
235A Punishment where no specific penalty is provided Rs. 1 lakh to Rs. 2 Crore
The Foreign Exchange and Management Act, 1999
Section 1 Application of the Act Whole of India and OBAMA
2(j) & 5 Current Account Transactions
2(u) Person
2(v) Person Resident in India
2(w) Person Resident outside India
Sch.I Rule 3 Prohibited Current Account Transactions LoNDoN CC
Sch.II Rule 4 Current Account Transactions with approval of CG FAT MOP CCC
SchIII Rule 5 Current Account Transactions with approval of RBI PM Modi G2C2 BED
Section 6 Capital Account Transactions
Regulation 4 Prohibited Capital Account transactions for a PROI Really CAN’T do
Section 8 Realisation and Repatriation of foreign exchange
Section 9 Exemption from Realisation and Repatriation
Section 16 Adjudication Authority
Section 13 Penalties
14 & 16 Procedure for Adjudication
15 Compounding of Contravention
Foreign Exchange Mgmnt (Export of Goods and Services) Regulations, 2015 TD DE IA EMP STPC DAIP
Regulation 1 T - Title and Commencement
Regulation 2 D – Definitions
Regulation 3 D - Declaration of Exports
Regulation 4 E - Exemptions
Regulation 5 I – Indication of Importer-Exporter Code
Regulation 6 A – Authority to whom Declaration to be furnished & manner of dealing with the declaration
Regulation 7 E – Evidence in support of Declaration
Regulation 8 M – Manner if payment if export value of goods
Regulation 9 P - Period within which export value of goods/software/services to be realised
Regulation 10 S - Submission of Export Documents
Regulation 11 T - Transfer of Documents
Regulation 12 P - Payment for the Export
Regulation 13 C - Certain Exports requiring prior approval
Regulation 14 D - Delay in receipt of payment
Regulation 15 A - Advance payment against Exports
Regulation 16 I – Issue of Directions by RBI in certain cases
Regulation 17 P – Project Exports

The Foreign Contribution Regulation Act, 2010


3 Prohibition to accept Foreign Contribution
Chal Chal Jab Milenge, Audio Party karenge with Cartoonist and CG
4 Persons to whom Section 3 shall not apply
6 Restriction on acceptance of Foreign Hospitality
7 Prohibition to transfer foreign contribution to another person
8 Restriction to utilize foreign contribution for Administrative purposes
9 Power of CG to prohibit receipt of foreign contribution, etc. in certain cases
10 Power to prohibit payment of currency received in contravention of the Act
11 Registration of certain persons with CG
12 Grant of certificate of Registration
13 Suspension of Certificate
14 Cancellation of Certificate
15 Management of Foreign Contribution of person whose certificate has been cancelled
16 Renewal of Certificate
17 Foreign Contribution through Scheduled Bank
18 Intimation
19 Maintenance of Accounts
20 Audit of Accounts
31 Appeal
32 Revision of orders by the CG
33 Making of false statement, declaration or delivering false accounts (Imp 6M/Fine/Both)
34 Penalty for article/currency/security obtained in contravention of Section 10 (Imp 3Y/Fine +
Additional Fine of Market Value of item)
35 Punishment for accepting or assisting in accepting foreign contribution in contravention to any
provisions of this Act (Imp 5Y/Fine/Both)
36 Power to impose additional fine where article/currency/security is not available for
confiscation (5 times the value of item or Rs. 1000 whichever is higher)
37 Penalty for offences where no separate punishment has been provided (Imp 1Y/Fine/Both)
38 Prohibition of acceptance of Foreign Contribution (Shall not accept any FC for 5Y)
39 Offences by companies
41 Compounding of certain offences
42 & 43 Power to call for information or document and Investigation into cases under the Act
46 & 47 Power of CG to give direction and Delegation of Powers
48 Power to make rules
50 Power to exempt in certain cases
51 Act not to apply in Government transactions
52 Application of other laws not barred
53 Power to remove difficulties
The Securitisation And Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002
3 Registration of Asset Reconstruction Companies
4 Cancellation of certificate of registration
5 Acquisition of rights or interest in financial assets
5A Transfer of pending applications to anyone of Debt Recovery Tribunals in certain cases
9 Measure for asset reconstruction
10 Other functions of Asset Reconstruction Company
11 Resolution of disputes
12, 12A,12B Power of RBI to determine policy, issue directions, call for statements and
carry out audit and inspection
13 Enforcement of Security Interest
15 Manner and effect of Takeover of Management
16 No Compensation to directors for loss of office
17 Right to appeal
18 Appeal to Appellate Tribunal
19 Right of borrower to receive compensation and costs in certain cases
31 Provisions of this Act not applicable to certain cases
The Arbitration and Conciliation Act, 1996
Basic Features of Arbitration PAAS FACE
Requirements of a Valid Arbitration Agreement ABCD DAS2
Conciliation agreement = Settlement agreement = Memorandum of Conciliation

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