You are a practicing Company Secretary, have been awarded an assignment of Secretarial Audit by NMR Ltd. List out the check points to be taken care with regard to 'Register of Contracts' maintained by the company.
CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2021
You are a practicing Company Secretary, have been awarded an assignment of Secretarial Audit by NMR Ltd. List out the check points to be taken care with regard to 'Register of Contracts' maintained by the company.
Answer & Explanation:
The following check points are to be taken care of with regard to Register of Contracts of NMR Limited: Whether the company has maintained one or more registers in Form MBP-4 as prescribed under Rule 16 of the Companies (Meetings of Board and its Powers) Rules, 2014. Whether the company has entered in Form MBP-4 within 30 days the particulars of- (a) company or companies or bodies corporate, firms or other association of individuals, in which any director has any concern or interest, as mentioned under sub-section (1) of section 184 of the Companies Act, 2013. Provided that the particulars of the company or companies or bodies corporate in which a director himself together with any other director holds two percent or less of the paid-up share capital would not be required to be entered in the register; (b) contracts or arrangements with a body corporate or firm or other entity as mentioned under sub-section (2) of section 184, in which any director is, directly or indirectly, concerned or interested; and (c) contracts or arrangements with a related party with respect to transactions to which section 188 applies. Whether the contract or arrangement relates to the following: (a) for the sale, purchase or supply of any goods, materials or services if the value of such goods and materials or the cost of such services does not exceed five lakh rupees in the aggregate in any year; or (b) by a banking company for the collection of bills in the ordinary course of its business. If yes, register is not required to be maintained for the abovementioned contracts or arrangements. The entries in the register shall be made at once, whenever there is a cause to make entry, in chronological order and shall be authenticated by the company secretary of the company or by any other person authorised by the Board for the purpose. The register(s) is kept at the registered office of the company and is preserved permanently and is in the custody of the company secretary of the company or any other person authorised by the Board for the purpose. The register(s) is signed by all the directors present at the succeeding meeting in which such contract or arrangement was considered. The company shall provide extracts from such register to a member of the company on his request, within seven days from the date on which such request is made upon the payment of such fee as may be specified in the articles of the company but not exceeding ten rupees per page.
Topics: Secretarial Audit
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