Section 220 of the Companies Act

 

220. Three copies of balance sheet, etc., to be filed with Registrar

(1) After the balance-sheet and the profit and loss account have been laid before a company at an annual general meeting as aforesaid, there shall be filed with the Registrar ¹[within thirty days from the date on which the balance-sheet and the profit and loss account were so laid] ²[or where the annual general meeting of a company for any year has not been held, there shall be filed with the Registrar within thirty days from the latest day on or before which that meeting should have been held in accordance with the provisions of this Act].

(a) ³[***] three copies of the balance-sheet and the profit and loss account signed by the managing director, ⁴[***] manager or secretary of the company, or if there be none of these, by a director of the company, together with three copies of all documents which are required by this Act to be annexed or attended to such balance-sheet or profit and loss account:

⁵[Provided that in the case of a private company, copies of the balance-sheet and copies of the profit and loss account shall be filed with the Registrar separately:]

⁶[***]

⁵[Provided further that,-

(i) in the case of a private company which is not a subsidiary of a public company, or

(ii) in the case of a private company of which the entire paid-up share capital is held by one or more bodies corporate incorporated outside India, or

(iii) in the case of a company which becomes a public company by virtue of section 43A, if the Central Government directs that it is not in the public interest that any person other than a member of the company shall be entitled to inspect, or obtain copies of the profit and loss account of the company,

no person other than a member of the company concerned shall be entitled to inspect, or obtain copies of, the profit and loss account of that company under section 610.]

(2) If the annual general meeting of a ⁷[***] company before which a balance-sheet is laid as aforesaid does not adopt the balance-sheet ⁸[or is adjourned without adopting the balance-sheet] ⁹[or, if the annual general meeting of a company for any year has not been held] a statement of that fact and of the reasons therefor shall be annexed to the balance-sheet and to the copies thereof required to be filed with the Registrar.

(3) If default is made in complying with the requirements of sub-sections (1) and (2), the company, and every officer of the company who is in default, shall be liable to the like punishment as is provided by section 162 for a default in complying with the provisions of sections 159, 160 or 161.

1. Subs. by Act 31 of 1965, sec. 62 and Sch., for certain words (w.e.f. 15-10-1965).

2. Ins. by Act 46 of 1977, sec. 5 (w.e.f. 24-12-1977).

3. The words "in the case of a public company" omitted by Act 65 of I960, sec. 66 (w.e.f. 28-12-1960).

4. The words "managing agent, secretaries and treasurers," omitted by Act 53 of 2000, sec. 104 (w.e.f. 13-12-2000).

5. Ins. by Act 65 of 1960, sec. 66 (w.e.f. 28-12-1960).

6. Clause (b) omitted by Act 65 of I960, sec. 66 (w.e.f. 28-12-1960).

7. The words "public or private" omitted by Act 65 of I960, sec. 66 (w.e.f. 28-12-1960).

8. Ins. by Act 31 of 1988, sec. 32 (w.e.f. 15-6-1988).

9. Ins. by Act 46 of 1977, sec. 5 (w.e.f. 24-12-1977).