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?

  1. 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

  1. Partnership firm as a member
  1. Foreigners as members
  1. Minors as members

Case Law 46

Devan Singh vs Minerva Films Ltd

Case law 47

Miss Nandita Jain Vs Benett Coleman & co. ltd

  1. Pawnee:
  1. Receiver
  1. Bankrupt/ Insolvent
  1. Trade union
  1. 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):