Formation & Management of a Private Company alongwith Procedure

Type
Book
Authors
 
Category
 
Publisher
Nabhi, India 
Abstract
Nabhi's Formation & Management of a Private Company alongwith Practical Procedure, a number of changes have been made concerning companies. The Companies (Director Identification Number) Rules, 2006 have streamlined the procedure relating to allotment of DIN and its itimation to the company and to the ROC, also providing new forms DIN-1, DIN-2, DIN-3 and DIN-4. Companies (Accounting Standards) Rules, 2006 have been issued mandating statutory adherence to the 29 accounting standards laid down by ICAI with few relaxations for small and medium sized companies. New e-forms have been prescribed for electronic filing of annual return and accounts by companies. Some e-forms have also been modified.

Besides, the Finance Bill, 2007 (as passed by Parliament) has also made several important changes in taxation of companies. Surcharge @ 10% shall be leviable if company's total income exceeds Rs. 1 crore. 2% Education Cess shall continue. Additional 1% Secondary & Higher Education Cess shall be leviable for A.Y. 2008-09. Dividend distribution tax rate has also been hiked to 15%. Shares alloted under ESOP shall now attract FBT.
Incorporating all these and other changes we are now presenting the 23rd Revised Edition of NABHI'S FORMATION AND MANAGEMENT OF A PRIVATE COMPANY, May 2007.
The book begins with a symposium chapter `How I formed my Private Company&$039;, which is the story of a successful promoter, who explains the readers what steps were taken by him to form his company in a sequential and logical manner, with a practical approach at each step. It summarises the entire procedure of formation and management of a private company in a lucid and simplified manner.
The procedure of formation of a private company has been elaborately discussed in the chapters on planning for incorporation, preliminaries before incorporation, memorandum and articles of association and registration of company and issue of capital.
The chapters on company management, company meetings, voting and resolutions, company deposits, important procedures and filing documents have been revised and further strengthened. Chapter on E-Filing has been further updated explaining the requirements and procedure to be followed in on-line submission of documents. A new Chapter Filing of Annual Return and Accounts has been included explaining the mechanism of electronic filing of annual return and accounts with new e-forms prescribed for this purpose. Besides, the book provides over 100 specimen of important resolutions, minutes and procedures.
The chapters on registration of charges, directors' report, powers of the Company Law Board, reconstruction & amalgamation are of immense practical utility to the readers. The chapter on accounts provides specimen of various registers and books of accounts to be kept by the private companies.
The chapter on conversion of private company into a public company will be a useful guide for company executives. The latest guidelines of SEBI for public issues, have also been incorporated.
Private Companies have to file various forms and returns with the Registrar of Companies. Hints for correctly filing these forms have been provided.
For facilitating compliance with the company law provisions, a detailed point wise check list has also been provided on notice, auditor's report, borrowing, investments, loans, dividends, unpaid/unclaimed dividends, selling arrangements, secretary, board meetings and allotment of shares.
A separate chapter has been provided on Winding up of companies including defunct companies.
Chapters on `Conversion of a Public Company into a Private Company' and `Producer Company' incorporate the special provisions for these specific categories of companies.
Besides, the chapter on Company Taxation has been thoroughly rewritten and revised incorporating the drastic changes made in the taxation policy by the Taxation Laws (Amdt.) Act, 2006 and Finance Bill. 2007. Important provisions relating to Fringe Benefit Tax, Banking Cash Transaction Tax and Wealth-tax on companies have also been incorporated. A table of Depreciation Rates for Income-tax purposes (as amended up to date) has been included.
In the nutshell, the book is latest, authentic, informative, comprehensive and simple handbook for private companies, their executives and officials, Chartered Accountants, Company Secretaries and Government Staff.
This book may not be construed as an exhaustive statement on Company Law. In case of doubt, reference may be made to the relevant provisions of the Companies Act. Though, every care has been taken to provide authentic information yet the publisher and editors are not legally or morally responsible for any error or omission in the book. However, suggestions to improve the future editions of this book are welcome. Readers whose suggestions are incorporated shall be sent a complimentary copy of the next edition of the book. 
Description
Nabhi's Formation & Management of a Private Company alongwith Practical Procedure, a number of changes have been made concerning companies. The Companies (Director Identification Number) Rules, 2006 have streamlined the procedure relating to allotment of DIN and its itimation to the company and to the ROC, also providing new forms DIN-1, DIN-2, DIN-3 and DIN-4. Companies (Accounting Standards) Rules, 2006 have been issued mandating statutory adherence to the 29 accounting standards laid down by ICAI with few relaxations for small and medium sized companies. New e-forms have been prescribed for electronic filing of annual return and accounts by companies. Some e-forms have also been modified.

Besides, the Finance Bill, 2007 (as passed by Parliament) has also made several important changes in taxation of companies. Surcharge @ 10% shall be leviable if company's total income exceeds Rs. 1 crore. 2% Education Cess shall continue. Additional 1% Secondary & Higher Education Cess shall be leviable for A.Y. 2008-09. Dividend distribution tax rate has also been hiked to 15%. Shares alloted under ESOP shall now attract FBT.
Incorporating all these and other changes we are now presenting the 23rd Revised Edition of NABHI'S FORMATION AND MANAGEMENT OF A PRIVATE COMPANY, May 2007.
The book begins with a symposium chapter `How I formed my Private Company&$039;, which is the story of a successful promoter, who explains the readers what steps were taken by him to form his company in a sequential and logical manner, with a practical approach at each step. It summarises the entire procedure of formation and management of a private company in a lucid and simplified manner.
The procedure of formation of a private company has been elaborately discussed in the chapters on planning for incorporation, preliminaries before incorporation, memorandum and articles of association and registration of company and issue of capital.
The chapters on company management, company meetings, voting and resolutions, company deposits, important procedures and filing documents have been revised and further strengthened. Chapter on E-Filing has been further updated explaining the requirements and procedure to be followed in on-line submission of documents. A new Chapter Filing of Annual Return and Accounts has been included explaining the mechanism of electronic filing of annual return and accounts with new e-forms prescribed for this purpose. Besides, the book provides over 100 specimen of important resolutions, minutes and procedures.
The chapters on registration of charges, directors' report, powers of the Company Law Board, reconstruction & amalgamation are of immense practical utility to the readers. The chapter on accounts provides specimen of various registers and books of accounts to be kept by the private companies.
The chapter on conversion of private company into a public company will be a useful guide for company executives. The latest guidelines of SEBI for public issues, have also been incorporated.
Private Companies have to file various forms and returns with the Registrar of Companies. Hints for correctly filing these forms have been provided.
For facilitating compliance with the company law provisions, a detailed point wise check list has also been provided on notice, auditor's report, borrowing, investments, loans, dividends, unpaid/unclaimed dividends, selling arrangements, secretary, board meetings and allotment of shares.
A separate chapter has been provided on Winding up of companies including defunct companies.
Chapters on `Conversion of a Public Company into a Private Company' and `Producer Company' incorporate the special provisions for these specific categories of companies.
Besides, the chapter on Company Taxation has been thoroughly rewritten and revised incorporating the drastic changes made in the taxation policy by the Taxation Laws (Amdt.) Act, 2006 and Finance Bill. 2007. Important provisions relating to Fringe Benefit Tax, Banking Cash Transaction Tax and Wealth-tax on companies have also been incorporated. A table of Depreciation Rates for Income-tax purposes (as amended up to date) has been included.
In the nutshell, the book is latest, authentic, informative, comprehensive and simple handbook for private companies, their executives and officials, Chartered Accountants, Company Secretaries and Government Staff.
This book may not be construed as an exhaustive statement on Company Law. In case of doubt, reference may be made to the relevant provisions of the Companies Act. Though, every care has been taken to provide authentic information yet the publisher and editors are not legally or morally responsible for any error or omission in the book. However, suggestions to improve the future editions of this book are welcome. Readers whose suggestions are incorporated shall be sent a complimentary copy of the next edition of the book. 
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