Skip to content

CS Professional · Drafting, Pleadings and Appearances

Documents under the Companies Act, 2013: Chapter Guide

This chapter covers the documents a company must prepare, deliver or file under the Companies Act, 2013: financial statements (Sections 129 and 133), foreign company filings (Sections 380, 381, 383) and dormant company status (Section 455). You solve questions by stating the provision, applying it to the facts, concluding, and drafting the document or compliance step.

What this chapter covers

This chapter deals with the paperwork a company must produce and submit under the Companies Act, 2013. It starts with the principles of drafting company documents, then moves to financial statements and accounting standards, filings by foreign companies, and the general process of filing documents with the Registrar.

The law in this chapter is mostly procedural. Section 129 says financial statements must give a true and fair view, comply with the accounting standards notified under Section 133, and follow the form in Schedule III. Section 133 lets the Central Government prescribe accounting standards recommended by the ICAI, after consulting the National Financial Reporting Authority. Sections 380, 381 and 383 cover what a foreign company must deliver to the Registrar, its yearly accounts, and how documents are served on it. Section 455 covers dormant company status.

This chapter connects to the rest of the paper because Paper 2 tests drafting. Drafting and Conveyancing carries 70 marks and Pleadings and Appearances 30. A question may give you facts about a company and ask you to advise on a filing or draft a covering letter, a declaration or a notice. Knowing the provision exactly is what makes your draft correct.

The paper is written and case-based, so you earn marks by quoting the provision correctly, applying it to the facts and concluding clearly. This chapter has short, precise sections with fixed time limits, lists and penalties, which makes it easy to score if you learn the exact wording, and easy to lose marks if you paraphrase loosely. The same provisions also help you in Compliance Management and Audit papers, so the effort is reused.

Documents under Companies Act, 2013: topics in the order to study them

  1. 1Drafting of Company Documents: Principles and OverviewStart here to learn the general drafting rules and the kinds of documents, so the later sections have a frame.
  2. 2Financial Statements and Accounting Standards (Section 133)Read next because it is the longest part and links Section 133 with Section 129 on true and fair view, consolidation and penalty.
  3. 3Foreign Companies: Documents to be Delivered to Registrar (Section 380)Study after the core financial rules, since Section 381 on yearly accounts of foreign companies builds on them, and Section 380 has a list you must memorise.
  4. 4Filing of Documents with the Registrar and Related FormsFinish with the filing process and forms, which tie all earlier documents to the Registrar and let you practise drafting.

How to prepare Documents under Companies Act, 2013

Treat this chapter as a set of provisions you must state exactly and then apply to facts. Prepare in this way.

  1. Read each section once from the Act itself, then make a one-page note per section with the duty, who must act, the time limit and the consequence.
  2. Learn Section 129 in parts: true and fair view, accounting standards, Schedule III, laying before the AGM, consolidation, deviation disclosure, exemption and penalty.
  3. Memorise the Section 380(1) list (clauses (a) to (h)) with its thirty-day time limit, and the thirty-day rule for alterations in Section 380(3).
  4. Make a short comparison of Sections 380, 381 and 383: what is delivered, what is made out every calendar year, and how service is made.
  5. Practise two or three short fact-based questions in the format provision, analysis, conclusion, and draft the related letter or declaration.
  6. Revise the forms and filing steps last, and recite the key time limits aloud until you do not hesitate.

Common mistakes in Documents under Companies Act, 2013

  • Confusing Section 133 with Section 129

    Fix: Remember that Section 133 is about who prescribes accounting standards, while Section 129 is about what the financial statements must contain and who is liable.

  • Mixing up the time limits for foreign companies

    Fix: Write both side by side: thirty days for first delivery and alterations, every calendar year for accounts.

  • Leaving out the persons liable under Section 129(7)

    Fix: Name the managing director, whole-time director in charge of finance, CFO or any person charged by the Board, and all directors if none of them is present.

  • Giving a conclusion without applying the facts

    Fix: Use the order provision, analysis of the facts, conclusion, and refer to the company's name, dates and figures in the question.

  • Drafting a document without the essential particulars

    Fix: List the required particulars first, such as the address, authorised person and declaration, and then draft in clear, formal language.

Last-day revision: Documents under Companies Act, 2013

  • Section 133: the Central Government prescribes accounting standards recommended by the ICAI, after consulting the NFRA.
  • Section 129(1): financial statements give a true and fair view, comply with Section 133 standards and follow Schedule III.
  • Section 129(2): the Board lays financial statements before every AGM.
  • Section 129(3): a company with subsidiaries also prepares consolidated financial statements and lays them before the AGM.
  • Section 129(5): if standards are not followed, disclose the deviation, the reasons and the financial effect.
  • Section 129(7): punishment is imprisonment up to one year or fine of ₹50,000 to ₹5,00,000, or both.
  • Section 380(1): a foreign company delivers prescribed documents to the Registrar within thirty days of setting up a place of business in India.
  • Section 380(1)(d): name and address of one or more persons resident in India authorised to accept service.
  • Section 380(3): alterations in delivered documents are reported within thirty days.
  • Section 381: a foreign company makes out a balance sheet and profit and loss account every calendar year and delivers a copy to the Registrar.
  • Section 383: service on the authorised person at the delivered address, by post or electronic mode, is sufficient service.
  • Section 455: a dormant company status is granted by the Registrar on application, and a register of dormant companies is kept.

Documents under Companies Act, 2013 practice questions

Documents under Companies Act, 2013 in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

Documents under Companies Act, 2013: frequently asked questions

Which sections matter most in this chapter?

Sections 129, 133, 380, 381, 383 and 455 form the core. Learn what each requires, the time limits and the consequences of default.

Do I need to memorise the Section 380 list?

Yes. Clauses (a) to (h) are easy to test and easy to lose marks on. Learn them in order and note the thirty-day limit.

How is a foreign company served with documents?

Under Section 383, service is sufficient if the document is addressed to a person whose name and address were delivered to the Registrar under Section 380, and is left at or sent by post to that address or sent by electronic mode.

Can a company be exempted from Section 129?

Yes. Under Section 129(6), the Central Government may by notification exempt a class or classes of companies from any of its requirements in the public interest, with or without conditions.