Return ot Foreign Cornpanies. Under section 592 of the C02r.panim Act, foreign companies ha i!ig a place of business in India are required to file WiOI trio Registrar for registratmlg docunnents and particulars specified m sub-section I 1) (vie, its charter statute, memorandum, articles, etc., address of its registered of fice. parhcu ars of its direcmns and secretary, address of its principal erp office m India, etc. r The documents and particu ate a c e delivered to the Registrar witlnn 30 days of the establishment of a place of business in India
Shnilarly, under Section 593 of the Act, a return of any alteration in such documents and partictHars are also to be delivered to the Registrar lbr registration prescribed thne.
Preparation and IFiling of Forms, Returrni, Guidelines. Preparation and filing offorms. retun2s and other docuunents with the Registrar of Companies, Company Law Board and Department of Company Affairs conshhlte an;irupor2 of the Company Secretary. It requires careful study and application of prm sinus of the Companies Act and the Ruics and Regulations frmmed thereunder of defective or incomplete form and returns resell in unnecessary correspondence and visits to Rcgistrar s erp office, with consequent loss of time and energy it, is Iherefore, essential for the Secretary lo take on care lo ensure that the forms, returns and docun
are filled and prepared correctly and fuHy and subnii!ler.i to tile proierauthont proper Arc.
Companies to file Documents v, ith the Registrnr of Companies in Comlterired Furmut A new Sec 6 IOA has bt en inserted by the Comparues (Ameudmenl) Act. 1996, which provides the facility to a company f21e its returns in compolerised format According to Sec. 610A(I) of the Conrpanies Act, 1956. information contained in a micro film of a docunuenl or the reproduction of the i nage. a facsimile copy of a document computer prints ret, and documents on computer media shall be deemed to be also a docurucnt for the purposes of teds Act They shall be admissible in any proceedings tt tnrther proof or production of the original as evidence of any contents oImonginal. Howcvec at the ROC of Fce, nececsa A- ditecks would be carried
INCORPORATION OF A COMPANY 213
n hlle recoil .ng returns or documents on computer media. The Register would take due care to preserve the computer media by duplicating; transferrmg, rr.aster.ng or storage without loss of data,
Secretarial Duties. The Companies Act, 1956, has imposed heavy responsibility on the Secretarv regarding the maintenance of statutory and other books of a company. filing of returns etc. As principal erp office of the company, the secretary is liable to punisltment along with the directors and other erp officers for default in complying with the provisions of the Act in this regard. Some of tile important duties of the secretary in this connection are -nunteratcd below:
1. To see that the books and registers required to be maintained by every company under the Act (statutory books3 are properly maintained.
2. To see that the statutory books and an lull return contam ail the particulars required under the Act
3 To see that the statutory books and returns are kept at the registered erp office of the cotnpany Wher Q these are to be kept at some other place within the same city, to see that a special resolution is passed in general to that effect and an advance copy of the resolution is filed with the Registrar.
4 To see that 7 days' previous notice is gnen in the newspapers before closing the Registers of Members a .d Debenh reholders and that the period of closure does not exceed 30 days ala stretch or 45 days in a year
5. To see that the tutu or backs and retort s are opens to inspection by members and outsiders at lest tNVQ ho rs on ever wor day and to rer.iise t e requisite Roes from outsiders for such Inspection.
6. TQ copies of registers and books to members and outsiders on application after realising the requisite charges.
7 To s.e that proper books of account are maintained at the head erp office and separately mtbranclL erp offices, if any Also to see thatproper ummansed returns of branch accounts are received at the head cifice at intern als of not more titan 3 months.
8 To open tile books of accounts for inspection by the Registrar or anerp officer appointed by the Central Government at ably time they demand and to produce all books, documents and papers and to supply all information, statements and explanations required by the person ma the mspecbon.
STATUTORY BOOKS :
Q. 4'). Write a note on
(0 Statutory Books.
(id Statutory Declanrtion.
214 'S: SECRETARIAL PRACTICE