Important note for all corporates

Co Act 2013 2121 views 12 replies

Dear Friends

Vide a notification dated 26.03.2014, the Government of India notified that various Sections of the Companies Act, 2013 (CA 2013) would come into force from April 1, 2014. One such Section is Section 12 of the CA 2013. Section 12(3)(c) requires that every company shall get its name, address of its registered office and the Corporate Identity Number (CIN) along with telephone number, fax number, if any, e-mail and website addresses, if any, printed in all its business letters, billheads, letter papers and in all its notices and other official publications. In case of any failure to quote any of the details, including the CIN, penalty of Rs 1,000/- per day shall be imposed on the defaulting company and on every officer in default for every day during which the default continues. However, maximum penalty imposable shall not exceed Rs 1,00,000/-.

 

Companies should take note of this requirement and take necessary action inrespect of your clients

 

 

Comment :Are you complying with this or not

Replies (12)

Thanks for the update.......but they should have futher clarified what are " other official doucments "

Pl refer following article on the same:

 

https://india-financing.com/images/Articles/Decoding_Section_12_3_c_of_Companies_Act_2013.pdf

 

Originally posted by : P C Agrawal
Pl refer following article on the same:

 

https://india-financing.com/images/Articles/Decoding_Section_12_3_c_of_Companies_Act_2013.pdf

 

Thankyou very much for Article Sir.Keep sharing with us

Construing the meaning of “official publication” 
 
Making reference to the Cohen Committee report, the Companies Act Amendment  Committee, 1957, pointed out that the requirement of sub-section (1)(c) of Section 147 of Act, 1956 to mention the details of name and the address of registered office, in full in all sort of advertisements causes inconvenience to the business houses, who use their trade mark or the brand name to increase the sales. 
 
The Committee noted that in practice, companies advertised using the brand name of their products or the trade-mark and avoided the usage of the complete registered name of the company or the publication of the address of its registered office in advertisements other than the press releases. However, commercial advertisements, such as dealer aids, display material hoardings, posters, mobile advertisements, radio, cinema slides, etc. were kept out the purview. Moreover, the phrase “notices and other official publications” were wide enough to include important business advertisements. 
 
Imbibing the views expressed by the Companies Act Amendment Act, 1957, it may be interpreted that the phrase “other official publications” shall not include any type of commercial advertisements which include product brochures, hoarding boards, signage, television commercials, radio announcements, pamphlets, etc. Also, as visiting cards do not fall into the category of official publications, printing all the required information in it is not necessary. 
 
However, the meaning of the phase “other official publications” remains open for debate until any concrete rules are enforced by the Ministry of Corporate Affairs or a clarification is issued by the Department. Hence, if any company prints the above mentioned information in its commercial advertisements, it shall not be considered as a violation of the law. 

Source: 

https://india-financing.com/images/Articles/Decoding_Section_12_3_c_of_Companies_Act_2013.pdf  
 

 

A Step in Right Direction...

Isn't it surprising that such "general information of  a company" had to be "notified" by the government!

.

Means "directors" were not showing these information on the letter head of the company.

Thank you for the update.

For the meaning of the word 'Notices' we can refer Department's clarification issued in 1963:

 

Name of company - Publication of ‑ Whether word “notice” in the context of clause (c) should be liberally construed

Query : Section 147 provide for publication of the address of the registered office in all its “notices” along with other official publications but the word “notices” was not clearly defined. It should, therefore, be clarified as to whether the word “notices” applied to notices to be given under the Act or it also included the other notices such as notices inviting tenders, employment notices, notice for loss of shares or debenture certificates, notice for a change of name by the company or closure of register of members, etc.

Answer : The Department’s view in the matter is that the word “notices” has neither been defined in the Companies Act nor in the General Clauses Act. Accordingly, in the context of section 147, the word “notices” should be liberally construed.

Source : Company News & Notes, July 1, 1963 issue.

 

 
Bhaiya caro ka kya kam hai thora btaiye
thank you sir

Thanks for sharing. Can anyone share draft of the letterhead as it would look after the above amendement?

Sir wil a branch office have to mention the address of regd office as wellas branch ofc address on its letter head.is it compulsory..


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