Companies Act , 1990
261.—The Minister may make such regulations as he considers necessary for the purposes of giving full effect to the provisions of this Part.
262 Offences.
262.—Where a company contravenes—
(a) any of the provisions of this Part, or
(b) any regulations made in relation thereto (whether under this Part or under any other enactment), or
(c) any condition in relation to its authorisation or business imposed by the Bank under section 257,
the company and every officer thereof who is in default shall be guilty of an offence.
SCHEDULE Provisions Substituted for Ninth Schedule to Principal Act
“NINTH SCHEDULE
Section 377.
PRINCIPAL ACT
| Subject matter | Provisions applied |
|---|---|
| Acts done by company (ultra vires rule). | Section 8. |
| Pre-incorporation contracts. | Section 37 (1) and (2). |
| Prospectuses and allotments. | Sections 43 to 52, 56, 57, 61 and the Third Schedule. |
| Registered office. | Section 113 (inserted by the Companies (Amendment) Act, 1982). |
| Annual Return. | Sections 125 to 129 and the Fifth Schedule. |
| Accounts and Audit. | Sections 148 to 153, 155 to 161, 191 and the Sixth Schedule (except subparagraphs (a) to (d) of paragraph 2, subparagraphs (c) to (e) of paragraph 3 and subparagraph (d) of paragraph 8), as amended by the Companies (Amendment) Act, 1986. |
| Validity of acts of directors | Section 178. |
| Register of directors and secretaries. Particulars relating to directors to be shown on all business letters of the company. | Sections 195 (inserted by the Companies Act, 1990) and 196. |
| Registration of documents, enforcement and other supplemental matters. | Sections 2, 193, 369 to 371, 378, 379, 383, 384, 386, 387, 395 (1) and the Eighth Schedule. |
| Liability of officers and others for negligence etc | Sections 200 and 391 |
COMPANIES (AMENDMENT) ACT, 1977
| Subject matter | Provisions applied |
|---|---|
| Share certificates. | Sections 2 and 3. |
| Company records. | Section 4. |
COMPANIES (AMENDMENT) ACT, 1983
| Subject matter | Provisions applied |
|---|---|
| Maintenance of capital. Restrictions on distribution of profits and assets. | Sections 40 to 42, 45, 45A (inserted by the Companies (Amendment) Act, 1986) and 49 to 51. Sections 43, 44, 46 and 47, with the modification that those sections shall apply to all bodies corporate to which section 377 (1) of the Principal Act applies other than those which, if they were registered, would be private companies. |
EUROPEAN COMMUNITIES (STOCK EXCHANGE) REGULATIONS, 1984 (S.I. No. 282 of 1984)
Provisions applied
| All of the Regulations. |
|---|
COMPANIES (AMENDMENT) ACT, 1986
| Subject matter | Provisions applied |
|---|---|
| Power to alter form of accounts. | Section 24. |
EUROPEAN COMMUNITIES (MERGERS AND DIVISIONS OF COMPANIES) REGULATIONS, 1987 (S.I. No. 137 of 1987)
Provisions applied
| All of the Regulations. |
|---|
COMPANIES (AMENDMENT) ACT, 1990
Provisions applied
| The whole Act. |
|---|
COMPANIES ACT, 1990
Provisions applied
| Parts I to III. |
|---|
| Part IV, with the modification that Chapter 2 of that Part shall apply to all bodies corporate to which section 377 (1) of the Principal Act applies other than those which, if they were registered, would be private companies and Chapter 3 of that Part shall apply to all such bodies corporate which, if they were registered, would be private companies. |
| Part V. |
| Part VI, except sections 122, 128 to 131 and 133. |
| Parts VII, IX, X and XII. |
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