Hatch Legal’s Post

𝐌𝐢𝐧𝐮𝐭𝐞𝐬 𝐨𝐟 𝐌𝐞𝐞𝐭𝐢𝐧𝐠𝐬: 𝐌𝐨𝐫𝐞 𝐓𝐡𝐚𝐧 𝐉𝐮𝐬𝐭 𝐍𝐨𝐭𝐞𝐬 – 𝐀 𝐂𝐨𝐦𝐩𝐥𝐢𝐚𝐧𝐜𝐞 𝐄𝐬𝐬𝐞𝐧𝐭𝐢𝐚𝐥! Maintaining Minutes of Meetings (𝐌𝐨𝐌) might seem like a routine task, but lapses in compliance can lead to hefty penalties and long-term reputational damage. 𝐖𝐡𝐚𝐭 𝐀𝐫𝐞 𝐌𝐢𝐧𝐮𝐭𝐞𝐬 𝐨𝐟 𝐌𝐞𝐞𝐭𝐢𝐧𝐠𝐬? Minutes are formal records of meetings—whether of the board, committees, or shareholders. They capture: ▪️Key discussions ▪️Decisions and resolutions passed ▪️Actions planned ▪️Participants present When drafted correctly, they act as legal proof, ensure transparency, and provide clarity for future decisions. 𝐋𝐞𝐠𝐚𝐥 𝐅𝐫𝐚𝐦𝐞𝐰𝐨𝐫𝐤: 𝐊𝐞𝐲 𝐏𝐫𝐨𝐯𝐢𝐬𝐢𝐨𝐧𝐬 ▪️𝘚𝘦𝘤𝘵𝘪𝘰𝘯 118, 𝘊𝘰𝘮𝘱𝘢𝘯𝘪𝘦𝘴 𝘈𝘤𝘵, 2013: Mandates companies to maintain a minute book for every meeting within 30 days of conclusion. ▪️𝘙𝘶𝘭𝘦 25, 𝘊𝘰𝘮𝘱𝘢𝘯𝘪𝘦𝘴 (𝘔𝘢𝘯𝘢𝘨𝘦𝘮𝘦𝘯𝘵 𝘢𝘯𝘥 𝘈𝘥𝘮𝘪𝘯𝘪𝘴𝘵𝘳𝘢𝘵𝘪𝘰𝘯) 𝘙𝘶𝘭𝘦𝘴, 2014: Stipulates proper maintenance, signing, and safekeeping of minutes. ▪️𝘚𝘦𝘤𝘳𝘦𝘵𝘢𝘳𝘪𝘢𝘭 𝘚𝘵𝘢𝘯𝘥𝘢𝘳𝘥𝘴 (𝘚𝘚-1 & 𝘚𝘚-2): Provide additional guidelines for drafting and preserving minutes. 𝐖𝐡𝐚𝐭 𝐇𝐚𝐩𝐩𝐞𝐧𝐬 𝐈𝐟 𝐘𝐨𝐮 𝐈𝐠𝐧𝐨𝐫𝐞 𝐂𝐨𝐦𝐩𝐥𝐢𝐚𝐧𝐜𝐞? The recent RoC order against 𝘞𝘪𝘯𝘥 𝘞𝘰𝘳𝘭𝘥 (𝘐𝘯𝘥𝘪𝘢) 𝘓𝘪𝘮𝘪𝘵𝘦𝘥 is a stark reminder: ▪️The company failed to adhere to basic rules like dating, signing, and binding minutes properly. ▪️Result? A 16-year-old lapse unearthed during inspection led to penalties of ₹90,000 on the company, directors, and company secretary. 𝐃𝐨𝐧’𝐭 𝐋𝐞𝐭 𝐂𝐨𝐦𝐩𝐥𝐢𝐚𝐧𝐜𝐞 𝐂𝐚𝐭𝐜𝐡 𝐘𝐨𝐮 𝐎𝐟𝐟-𝐆𝐮𝐚𝐫𝐝! 𝘙𝘦𝘨𝘶𝘭𝘢𝘵𝘰𝘳𝘺 𝘋𝘪𝘭𝘪𝘨𝘦𝘯𝘤𝘦: Authorities like ROC can inspect your records retrospectively, even after years. 𝘗𝘦𝘯𝘢𝘭𝘵𝘺 𝘗𝘳𝘰𝘷𝘪𝘴𝘪𝘰𝘯𝘴: Defaults attract fines ranging from ₹5,000 to ₹50,000, depending on the nature of the lapse. 𝘙𝘦𝘱𝘶𝘵𝘢𝘵𝘪𝘰𝘯𝘢𝘭 𝘙𝘪𝘴𝘬: Poor governance practices can damage your credibility with stakeholders. At Hatch Legal, we understand that managing regulatory requirements can be overwhelming. We’re here to help you: ▪️ Draft and maintain minutes as per the latest legal requirements. ▪️ Ensure compliance with secretarial standards. ▪️ Avoid penalties by staying ahead of inspections. Compliance is not just about ticking boxes—it’s about fostering transparency, accountability, and trust. Don’t wait for an inspection to uncover lapses—stay proactive! #CorporateCompliance #MinutesOfMeeting #CorporateGovernance #ROC #SecretarialStandards #CorporateLaw #Hatch_Legal #StayCompliant #Startups #Founders #Lawfirms

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