company in Sikkim reg.

[yoganand l]

this is the case of an unlisted public company

we intend to induct one Mr.X as director in the said company

he has given a declaration to the company that he is a director of 15 public limited companies

in the case of one of the companies (in the said list), we found that it is recognised by law department of Sikkim

i have gone to the mca portal and tried to check the cin, interestingly we have found that there is no CIN for the company

1. does it mean that the company is not incorporated under the Companies Act, 1956 and still got recognised under Sikkim Registration of Companies Act, 1961 ?

in which case can we appoint the person as a director

can some one share their practical experiences in this behalf..

regards,

yogan.

[sarwan jangir]

sir, first let me cleare is there any other law in sikkim for registration of the companies other then the companies act ????

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Thanks
With Regards

Sarwan Kumar Jangir

 ACS, LLB

[Suresh Kumar Vaishraj]

Dear Friends,

 

The maximum number of directorships is 15 as per C.A., 1956. This is the only enactment through out India, which governs Companies in India. The provisions do not rekon/ are not applic. for any other designations in organisations incorporated outside C.A. 1956.

 

You pl. check the Incorporation or registration documents of that entity and then decide whether it's a company under C.A. or not. Accordingly take the final call.

 

Cheers,
 
Suresh Kumar V
Company Secretary
91-9849991201

[yoganand l]

kindly refer to s.1(3) read with its proviso, the Act applies to whole of India excepting Nagaland

so it is applicable to Sikkim as well pls.

regards,

yogan.

On Thu, Feb 24, 2011 at 4:44 PM, vinod aggarwal <vinni_v...@yahoo.co.in> wrote:

 

Dear Yogan, The Companies registered in Sikkim are not governed by the provisions of the Companies Act, 1956 and have a separate Act. Therefore, in my view the Company registered in Sikkim under Sikkim Registration of Companies Act should not be counted for the purpose of limits on directorship. Regards. Vinod Aggarwal 9312084774 --- On Wed, 23/2/11, yoganand l <cs.y...@gmail.com> wrote:

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[yoganand l]

The Sikkim Act got amended in 2007 whereby the any company registered under the Indian Companies Act, 1956 shall apply for enlistment / identification under the Sikkim Registration of Companies Act, 1961 for the purpose of registration / entry as a company under the Sikkim Registration of Companies Act, 1961. For all purposes, such a company will be governed under the provisions of the Companies Act, 1956 and the enlistment / identification under the Act is only for the purpose of maintaining records of companies registered under the Indian Companies Act, 1956 operating in Sikkim. Further, the application for such registration shall be accompanied with information such as the date of registration under the Companies Act, 1956, total capital of the company; copy of the last annual return, income-tax clearance, and also clearance from the Registrar of Companies.

this is what is published in the Business Line on 07.09.2007

1) so does this mean that the company need to register only under Companies Act, 1956 and then needs to enlist itself u/s.2 of Sikkim Act ??

2) what about those companies that were registered in Sikkim before the 2007 amendment act..

can some cs at sikkim throw light on the subject pls..

regards,

yogan.

On Sat, Feb 26, 2011 at 10:00 PM, HARINATH R.H <hara...@gmail.com> wrote:

 

Dear friends,

The companies Act,1956  was legislated in 1956  when the status of Sikkim was that of protectorate and its accession to India was probably in 1975.

If the Central Government had extended the applicability of the Companies Act,1956 to the state of Sikkim, it is only by way of amendment  to the Companies Act,1956 which needs to be verified.

Hope this could be of some help.

Regards,

Sreehari.
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