Checklist for Compliance Audit under Companies Act 1956

Checklist for Compliance Audit under Companies Act 1956
S.No.	Relevant section of the Companies Act	Requirement	Comments
1	49	To maintain register of Investments
2	Rule 7 of Deposits Rules	To maintain register of deposits
3	77A	To maintain register of security bought back
4	136	To maintain copies of Instruments creating charges
5	143	To maintain register of charges
6	150	To maintain register of members
7	151	To maintain index of members
8	152	To maintain Register and Index of debentures
9	157	To maintain foreign register of members or debenture holders
10	163	To maintain all registers, returns, minutes, account books, contracts, annual returns etc at registered office.
11	193	To maintain minute book
12	209	To maintain books of accounts at registered office.
13	301	To maintain register of particulars of contracts.
14	303	To maintain register of Directors, MD, secretary
15	307	To maintain register of Directors shareholding
16	372A	To maintain register of investments/Loans/ Guarantee made
17	Rule 7 of issue of certificate rules	To maintain register of renewed share certificates
18	Rule 4 of record destruction	To maintain register of record destroyed
19		To maintain register of inspection
20		To maintain register of directors attendance
21		To maintain register of shareholders attendance
22		To maintain register of proxies
23		To maintain register for transfers
24	161	Whether properly signed Annual return is filed in 60 days of AGM?
25	220	Whether BS adopted at the AGM and 3 copies are filed within 30 days of AGM?
26	383A	Whether paid up capital of the company is between 10 lacs to 2 crores, whether compliance certificate for the last year was filed with ROC within 30 days of allotment?
27		Any shares allotted during the year? Whether form no 2 filed with ROC within 30 days of allotment?
28	Company’s general rules	Whether any security is bought back during the year, whether form 4a and 4C is filed with ROC?
29		Any change in Authorised capital, whether form 5 is filed with ROC?
30		Any change in the office during the year, whether form 18 filed with ROC within time?
31		Any order from CLB or court during the year, whether the same is filed in form 21 with ROC within 90 days?
32	192	Any resolution or agreement during the year to be filed with ROC in  form 23, Whether filed with ROC in time?
33	Schedule XIII	Any whole time director/MD during the year, whether form 25C is filed with ROC within 90 days?
34	58A & Deposit Rules	Whether Company has any deposits, Return duly certified by auditor filed with ROC and RBI before 30th June, advetisement published in newspaper?
35	Beneficial interest Rules	Any person holding shares in Trust, whether Form I,II,III are filed with ROC?
36	125	Any charge created during the year, whether form 8 & 10 filed within 30 days?
37		Whether any charge modified during the year? Whether form 8 & 10 filed with ROC?
38		Whether any satisfaction of charge? Whether form 17 filed with ROC
39		Any default made in 60 days in repayment of Deposits, whether intimation sent to CLB?
40		Whether company is Private Company, whether paid up capital is more than 1 lac? Whether company invited public to subscribe or accepted deposits from any one other than members, director or their relatives?
41	285	How many Board meeting held in a year, on which dates, whether notices sent, whether attendance recorded?
42	289,193	Whether in all meeting quorum was present, circular resolutions noted, previous minutes got confirmed, minutes entered into minute book and signed?
43	299	Form 24AA received from all the directors, whether entered into register before close of the financial year?
44	154	Any book closure during the year for dividend etc.? Whether 7 days notice was given, not closed for more than 30 days and aggregating to not more than 45 days in year?
45	171 to 193	Whether AGM held within 15 months of AGM, held on working days and working hours, provisions of notice, explanatory statement, quorum, chairman, proxy, attendance,register of directors shareholding, minutes are complied with? (171 to a86 not applicable to Private Company)
46		Whether notice was sent before 21 days for AGM with Balance Sheet, Directors report and compliance certificate?
47		Whether Minutes are recorded in minutes book for AGM and copy furnihsed to Stock exchange?
48		Whether any EGM held during the year, whether all provisions of General meeting are complied with?
49	295	whether any loans given to Director or his interested relative, firm, company? Whether previous approval taken from central govt (except housing loan to MD)? (Not applicable to Private Company except subsidiary of Public company)
50	297	Whether any transactions during year where Director is interested? Whether prior RD's approval taken if paid-up capital is more than 1 crore? (Check ledger account book from names and 24AA)
51	301	Whether all contracts in which director is interested are entered into register and vote of each director is mentioned? Whether previous approval of central Govt taken where paid up capital is more than 1 crore?(Check ledger account book from names and 24AA)
52	314	Whether any Director or relatives or persons referred had any place of profit, Board and special approval of Members taken? Whether central Govt approval taken for remuneration of more than 50000/- (Check ledger account book from names and 24AA)
53	Certificate Rules	Whether any duplicate share issued, whether proper procedure complied including Board approval?
54	108 and 113	whether any share transfer/ transmission during the year, whether transferred in time?
55	205/206	whether any dividend declared, whether amount deposited within 5 days in separate bank account and paid within 30days of declaration?
56	217	Whether Board approved Directors report and authorised chairman or other director to sign, whether direcors responsibility statement is included?
57	205C	Whether any unpaid dividend of seven years old, whether funds transferred to IEF and Form No. 1 filed?
58	255,256,257,260,262, 264,274,278,283,284,314	Whether provisions of Director's appointment, reappointment, removal, if any, and resignation, consent, by rotation, disqualification, register are complied
59	269, schedule XIII	Whether MD, WTD, Manager appointed during the year, whether terms are as per Schecule XIII or approval of CG?
60	294AA	Whether any sole selling agent was appointed during the year with approval of Board and shareholders, apporval of Central Govt. is taken in paid up capital is more than 50 lacs?
61	Approvals	Whether necessary approvals from central Govt. CLB,RD, ROC obtained?
62	299	Whether all directors have disclosed their interest in form 24AA before end of financial year, recorded in register, put up to Board?
63	305	Whether any new directorship intimated by any director?
64	81	Whether any new shares, shares with differential rights, sweat equity, ESOP, debenture, preference shares, Bonus shares issued during the year? Whether necessary provisions are complied with?
65		Whether any shares bought back during the year? Whether all provisions complied?
66	80	Whether any shares redeemed during the year, whether form 5 filed with ROC?
67	205A	Whether any dividend in abeyance during the year?
68	58A & Deposit Rules	Whether any new deposits accepted during the year by private company from directors or members with appropriate declaration?
69	293(1)(d)	Whether borrowings are within limit? Whether special approvals of members obtained for excess borrowings? Form 23 is filed?
70	372A	whether any loans ,guarantees given during the year?
71	17, 31	whether any change in Memorandum or Articles for shifting of Registered office, Object clause, name or articles?
72		whether any prosecution initiated or show cause notice or compounding done during the year?
73	417(1)	Whether Company has received any deposits from any of its employee during the year, whether the same is deposited as per law?
74	418	Whether company has its own trust for PF, whether all contribution are deposited within 15 days as per law?
75	192A	Whether any resolution passed by Postal ballot, whether all requirements are complied?