Confused about the usage of ‘Form’ and ‘Section’ in SSM documents following the 2016 Company Act revision? No worries! We’ve got you covered.
As we embrace the changes brought about by the 2016 Company Act update, the terms ‘Form’ and ‘Section’ have taken center stage in company documentation. But what does it all mean?
The 2016 update introduced a transformation, introducing both ‘Form’ and ‘Section’ into the mix. You might be wondering, when do you use ‘Form,’ and when do you opt for ‘Section’? It’s a common question, and you’ll find your answers right here.
So, whether you’re a business professional, an entrepreneur, or just someone curious about these changes, keep this information handy. The next time you’re in a bind, you’ll have your confusion resolved and your questions answered.
How to Determine if Your Company’s Document is a Form or a Section?
To discern whether your company’s document falls under the category of ‘Form’ or ‘Section,’ you’ll need to identify the legislation under which your company is registered:
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For Companies Registered Under the 1965 Companies Act: If your company was registered under the 1965 Companies Act, the documents you’ll be dealing with are known as ‘Forms’ (old forms). These forms have been utilized under the previous legislation.
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For Companies Registered Under the 2016 Companies Act: If your company was registered under the 2016 Companies Act, the documents you’ll encounter are referred to as ‘Sections’ (new forms). These sections correspond to the revised legislation and its updated requirements.
SSM Forms & Sections Comparison：
【Certificate of Incorporation】Form 9 >>> Section 15 + Section 17
【Notice of Situation of Registered Office】Form 44 >>> Section 14 + Section 46(3)
【Notification of Change in Register Of Directors, Managers & Secretaries】Form 49 >>> Section 14 + Section 58 & 236(2) + Section 58
【Certificate of Change of Name of Company】Form 13 >>> Section 28
【Form of Transfer of Securities】Form 32(A) >>> Section 105 + Section 51
【Return of Allotment of Shares】Form 24 >>> Section 14 + Section 78 + Section 51
【Constitution / M&A】M&A >>> Constitution
【Statement of Particulars to be Lodged With Charge】Form 34 >>> Section 352(1), 354 & 356(1)
【Certificate of Registration of Charge】Form 40 >>> Section 357(3)
【Certificate of Registration of Satisfaction of Charge】Form 42A >>> Section 360(1)
*Documents related to charge is prepared by lawyers and company secretaries need a copy
Form vs Section
Companies Act 1965
Companies Act 2016
Form 9: Certificate of Incorporation
Section 15: Notice of Registration
Section 17: Certificate of Incorporation of Private Company
Companies Act 1965
Companies Act 2016
Form 44: Notice of Situation of Registered Office and of Office Hours and Particulars of Changes
Section 14: Application for Registration of A Company
Section 46(3): Notification of Change in the Registered Address
Companies Act 1965
Companies Act 2016
Form 49: Return Giving Particulars in Register of Directors, Managers and Secretaries and Changes of Particulars
Section 14: Application for Registration of a Company
Section 58: Notification of Change in the Register of Directors, Managers and Secretaries
Section 58 & 236(2): Notification of Appointment of The First Company Secretary
Companies Act 1965
Companies Act 2016
Form 13: Certificate of Incorporation on Change of Name of Company
Section 28: Certificate of Incorporation on Change of Name of Company
Companies Act 1965
Companies Act 2016
Form 32(A): Form of Transfer of Securities
Section 105: Form of Transfer of Securities
Section 51: Register of Member
Companies Act 1965
Companies Act 2016
Form 24: Return of Allotment of Shares
Section 14: Application for Registration of a Company
Section 51: Register of Member
Section 78: Return of Allotment of Shares
Companies Act 1965
Companies Act 2016
M&A
Constitution
Companies Act 1965
Companies Act 2016
Form 34: Statement of Particulars to be Lodged with Charge
*Documents related to charge is prepared by lawyers and company secretaries need a copy
Section 352(1), 354 & 356(1): Statement of Particulars to be Lodged with Charge
*Documents related to charge is prepared by lawyers and company secretaries need a copy
Companies Act 1965
Companies Act 2016
Form 40: Certificate of Registration of Charge
*Documents related to charge is prepared by lawyers and company secretaries need a copy
Section 357(3): Certificate of Registration of Charge
*Documents related to charge is prepared by lawyers and company secretaries need a copy
Companies Act 1965
Companies Act 2016
Form 42A: Certificate of Registration of Satisfaction of Charge
*Documents related to charge is prepared by lawyers and company secretaries need a copy
Section 360(1): Certificate of Registration of Satisfaction of Charge
*Documents related to charge is prepared by lawyers and company secretaries need a copy
Hoping this article has clarified the varying document names under different periods of the Companies Act for your company. Whether referencing old forms (‘Form’) or new ones (‘Section’), understanding these names’ significance under distinct legislations empowers your organization’s communication and comprehension. Our goal with this guide is to provide your company with a handy reference, facilitating smoother discussions and decisions. Feel free to revisit this article whenever you need.
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