Membership
Member Sec 2 (55)
1) The subscribers of the MOA.
2) Every other person who agrees in writing and whose name is entered in its register of members.
3) Every person holding equity shares of a company and whose name is entered as beneficial owner in the records of the depository
Who can become a Member?
- Company as a member of another company
However, there are certain exceptions to this rule enumerated below
Where a subsidiary company acts as the legal representative of a deceased member of the holding company
If the subsidiary company is a trustee, for some other shareholder, the holding company or any subsidiary of it, not being beneficiary except as lender of money in the ordinary course of business
A subsidiary company can continue to be a member of its holding company, if it was its member before becoming subsidiary. But in this case, the subsidiary company cannot exercise any right of vote at any meeting of the holding company
- Partnership firm as a member
- Foreigners as members
- Minors as members
Case Law 46
Devan Singh vs Minerva Films Ltd
Case law 47
Miss Nandita Jain Vs Benett Coleman & co. ltd
- Pawnee:
- Receiver
- Bankrupt/ Insolvent
- Trade union
- Person taking shares in fictitious name
E-Governance
(MCA 21) SMART GOVERNANCE: The Sanjivani
Highlights of the System
The filing of forms (E-Forms) with ROC can be done from the comforts of one's home or office through the interned. There is no need to visit the ROC's office for filing various documents.
The payment of filing fees can also be made over the internet through credit card/ internet banking without queuing up at the banks. The filing will be valid only when filing fee is paid.
Pre - scrutiny of filled - up forms is done in the portals before final submission
Many of these e Forms require certification by CA/CWA/CS (in whole time practice). Certification must be done by signing digitally.
DIN (Directors Identification Number) is compulsory for all directors
Every signatory of e Form must obtain DSC (Digital Signature Certificate).
Digital Signature Certificate (DSC)
Services Available on MCA21
Organization of ROC Office under MCA:
Organization of ROC Office under MCA:
Important Terms Relating to E-Filing
Infrastructure for e-filing
Extensible Business Mark-up Language (XBRL):