Companies Act Section 2(36) Document

Document Section 2(36)

A "Document" refers to any document, including electronic documents, produced, registered, or maintained as evidence of any fact, transaction, or proceedings. It encompasses written records, electronic records, books, accounts, agreements, reports, certificates, and other forms of documentary evidence.

Key Aspects of Documents:

1. Scope: 

Documents cover a wide range of written, printed, or electronic records that serve as evidence or proof of legal, financial, or administrative transactions within a company.

2. Types of Documents:

Financial Documents: Including balance sheets, profit and loss statements, audit reports, and financial statements required under company law.

Legal Documents: Such as contracts, agreements, deeds, resolutions, and court orders affecting the company's rights and obligations.

Regulatory Filings: Documents filed with regulatory authorities, including annual returns, disclosures, prospectuses, and compliance reports.

3. Legal Validity: 

Documents play a crucial role in legal proceedings, corporate governance, and regulatory compliance, providing a record of business activities, decisions, and transactions that are essential for accountability and transparency.

Importance and Compliance:

1. Evidence and Record Keeping: 

Proper documentation ensures clarity, accountability, and legal validity of business transactions, decisions, and corporate actions.

2. Disclosure Requirements: 

Companies are required to maintain and disclose certain documents to shareholders, regulatory authorities, and other stakeholders as mandated by law.

3. Electronic Documents: 

The Companies Act, 2013, recognizes electronic documents and facilitates their use in corporate transactions, filings, and communications, subject to prescribed security and authentication requirements.

Legal Framework:

1. Companies Act, 2013: 

The definition and regulatory framework for documents are defined under Section 2(36) and further elaborated in various provisions governing record keeping, disclosures, and filings by companies.

2. Digital Signatures and Authentication: 

The use of electronic documents and digital signatures is regulated under the Information Technology Act, 2000, and Rules framed thereunder, ensuring the security, integrity, and authenticity of electronic records and transactions.