Preface

Companies Act, 2013 (hereinafter referred to as 'the Act') was notified on 30th August, 2013 with section 1 coming into force on the same day. Section 1 of the Act provided that other sections of the Act would come into force from the date(s) which the Central Government would notify from time to time. Barring a handful sections, majority of the sections of the Act are effective as of today. However, the provisions of the originally enacted Companies Act, 2013 were far away from meeting the expectations of the corporate world. The Companies Act, 2013 was criticized by the experts on several counts. The major criticism that it faced was that provisions of the Act were applicable in similar manner to large corporates as they were applicable to the small private companies and medium sized companies. Realising the difficulties faced by small companies, the Government immediately took on the exercise of revamping the Companies Act, 2013. As of today, the Act along with its Rules stands amended with several amendments. Major amendments to the Act were made by the Companies (Amendment) Act, 2017 and the Companies (Amendment) Ordinance, 2018.

The provisions relating to the private companies have also witnessed a sea change. They have been amended several times to make it more adaptable to the requirements of the private companies. This has led to an immediate need for bringing out a separate book on this important aspect of the Company Law.

This Book aptly titled "All About Private Companies" covers each and every aspect of Company Law relating to Private Companies. The Book comprehensively encompasses the following aspects:

-- Privileges and Exemptions Available to Private Company

-- Incorporation and Conversion of Private Company

-- Drafting, Amendments, etc. to MOA and AOA of a Private Company

-- Membership and Share Capital of Private Company

-- Meetings (Board & Shareholders) of Private Company

-- Directors, Managing Directors, CEO, KMPs of Private Company

-- Statutory Registers, Records and Reports of Private Company

-- CSR Activities by a Private Company

-- Accounts and Audit of Private Company

-- Corporate Loans & Investments by Private Company

-- Related Party Transactions

-- Deposits, Dividend, Charges by Private Company

-- Secretarial Standards applicable to Private Company

-- Closure of a Private Company

In addition to it, the Book also consists of a Ready Reckoner which is a collection of Specimen Board and General Meeting Resolutions, Specimen Notices, Minutes, various Reports, Financial Statements, Exemptions, Table of Fees, etc.; which would be very handy to the users as an instantaneous reference.

All latest and relevant Forms are also provided as Annexure to the Chapters of the Book.

This Book, therefore would prove a one stop of a sort to its users, as it encompasses all latest and relevant material relating to the Private Companies at one place. No effort has been spared by the Author(s) to ensure that all matter in this Book is presented in the best possible manner and to avoid unintended errors creeping in. Suggestions, comments and criticism relating to this Book are welcome for they would be of immense help to us in improving further editions of this Book.

JODHPUR

Dr. Avadhesh Ojha

1 JANUARY, 2019

CS. Amit Baxi