Daily Compliance Dose

Section III – Sch V

When the Company is newly incorporated company it may pay remuneration to Managerial Personnel up to the two times remuneration permissible under Section II of Sch V till seven years from date of incorporation.

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Monday, May 23, 2016

Financial Statement - Requirement under Companies Act, 2013 (other than Schedule III)



Financial Statement - Requirement under Companies Act, 2013 (other than Schedule III)




Chapter
Section
Rule
Particulars/Disclosures/Content/Comment
9
129

If Company is having one or more subsidiary (including Associate and JV) then prepare consolidate financial statement of company and all subsidiaries

9
129
5
Prepare separate statement containing the salient features of the financial statement of its subsidiary or subsidiaries, associate Company or companies and Joint venture or ventures in Form AOC-1.
12
186(4)

The company shall disclose to the members in the financial statement the full particulars of the loans given, investment made or guarantee given or security provided and the purpose for which the loan or guarantee or security is proposed to be utilised by the recipient of the loan or guarantee or security.
12
186(6)

No company, which is registered under section 12 of the Securities and Exchange Board of India Act, 1992 and covered under such class or classes of companies as may be prescribed, shall take inter-corporate loan or deposits exceeding the prescribed limit and such company shall furnish in its financial statement the details of the loan or deposits.
13
199

Without prejudice to any liability incurred under the provisions of this Act or any  other law for the time being in force, where a company is required to re-state its financial  statements due to fraud or non-compliance with any requirement under this Act and the rules made thereunder, the company shall recover from any past or present managing director or whole-time director or manager or Chief Executive Officer (by whatever name called) who, during the period for which the financial statements are required to be re-stated, received the remuneration (including stock option) in excess of what would have been payable to him as per restatement of financial statements.
8
123

No Dividend shall be declared or paid for any financial year except conditions prescribed in Section 123(1) and Rule 3 complied.
9
129(5)

where the financial statements of a company do not comply with the accounting standards notified under Section 133, the company shall disclose in its financial statements, the deviation from the accounting standards, the reasons for such deviation and the financial effects, if any, arising out of such deviation.
          9
134(1)

The financial statement, including consolidated financial statement, if any, shall be approved by the Board of Directors before they are signed on behalf of the Board and be signed at least
by:

(a)   the chairperson of the company where he is authorised by the Board or by two directors out of which one shall be managing director

(b)   the Chief Executive Officer, if he is a director in the company,

(c)    the Chief Financial Officer

(d)   the company secretary of the company,

wherever they are appointed, or in the case of a One Person Company, only by one director, for submission to the auditor for his report thereon.
         4
69(1)

Where a company purchases its own shares out of free reserves or securities premium account, a sum equal to the nominal value of the shares so purchased shall be transferred to the capital redemption reserve account and details of such transfer shall be disclosed in the balance sheet.
        12
182(3)

Every company shall disclose in its profit and loss account any amount or amounts contributed by it to any political party during the financial year to which that account relates, giving particulars of the total amount contributed and the name of the party to which such amount has been contributed.


Schedule II

Part A
In case of such class of companies, as may be prescribed and whose financial statements comply with the accounting standards prescribed for such class of companies under section 133 the useful life of an asset shall not normally be different from the useful life and the residual value shall not be different from that as indicated in Part C, provided that if such a company uses a useful life or residual value which is different from the useful life or residual value indicated therein, it shall disclose the justification for the same.


Schedule II
        
Part A
The following information shall also be disclosed in the accounts, namely:

                (i)            depreciation methods used; and
           (ii)           the useful lives of the assets for computing depreciation, if they are different from the life specified in the Schedule.
         12
183(2)

The following information shall also be disclosed in the accounts, namely:

            (i)            depreciation methods used; and
           (ii)           the useful lives of the assets for computing depreciation, if they are different from the life specified in the Schedule.



Private Company:
Mention about Loan received from Member, Director and their relatives as on 31.03.2014 as per deposit circular 30.03.2015

Figure of such amounts and the accounting head in which such amounts have been shown in the financial statement.
3

3 (e)
Details of all utilized and unutilised monies out of the monies collected in the previous issue made by way of public offer shall be disclosed and continued to be disclosed in the balance sheet till the time any part of the proceeds of such previous issue remains unutilized indicating the purpose for which such monies have been utilized, and the securities or other forms of financial assets in which such unutilized monies have been invested.

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