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Corporate & Other Laws

Mam in some provisions as per Act it is something and as per rules it would be something. Can we write directly what is the gist of it should we write as per Act this is the provision and as per rules this is the provision. For ex: Right shares offer validity is not less than 15 days or as may be prescribed but not exceeding 30 days. Can we directly write not less than 7 days but shall not exceed 30 days from date of offer. Kindly clarify


Sugam SM

Sugam SM

CA Final

9K+

04-Apr-23 10:14

535

Answers (7)

The thing is it is not compulsory to remember sections.Hence do write like this According to the provisions of companies act 2013 and then the relevant provision.


Anirudh gupta

Anirudh gupta

CA Inter

27K+

04-Apr-23 13:09

Thread Starter

Sugam SM

These are given in rules

I always wrote irrespective of the fact....so i dont think so it would matter


Anirudh gupta

Anirudh gupta

CA Inter

27K+

04-Apr-23 16:40

I am asking whether I can directly write min of 7 days and max of 30days. Or should I write min of 15 days or less as may be prescribed And then as per rules it shouldn’t be less than 7 days. Plz answer me with this regard.


Thread Starter

Sugam SM

Sugam SM

CA Final

9K+

04-Apr-23 16:46

You can write as per the applicable provisions in rules.


CA Suraj Lakhotia

CA Suraj Lakhotia

Admin

04-Apr-23 19:39

Write "As per section ___ of the Companies Act 2013 read with Companies (___) Rules, 2014 ........(then mention the ultimate provision directly)" If you do not remember section number, then write "As per the relevant section of the Companies Act 2013 read with Companies (___) Rules, 2014 ........(then mention the ultimate provision directly)" If you do not recall section or Rule name, write "As per the relevant section of the Companies Act 2013 read with relevant rules ........(then mention the ultimate provision directly)"


CA YOGITA HARJANI

CA YOGITA HARJANI

Faculty

04-Apr-23 20:49

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