Mandatory Website Disclosure as per Companies Act

Website act as a virtual address for a company. It isn’t mandatory for companies to have a website, but if they do, then there are certain requirements that a company needs to comply with under Companies Act.

A company’s website or a corporate website provides background information about the company’s business. It helps the company to market their business online to establish trust and to prove its worth in the market.

Is it mandatory for companies to have a corporate website?

It is not mandatory for companies to have a website for their company, but if they do, they need to follow certain guidelines.

However, in some cases where the company’s equity is listed, Securities and Exchange Board of India (SEBI) has made it mandatory for them as per the equity listing agreement to maintain a functional and updated website.

What are the necessary disclosures for a website as per companies act?

Private Companies to have a website of their own needs to adhere to certain requirements as per Companies Act, 2013.

  1. Rule 26 Publication by the name of the company

Every company has its website is required to notify company’s name, the address of its registered office, the Corporate Identity Number ( CIN), Telephone number, fax number, email and the name of the person who may be contacted on the landing page of the website.

  1. Information about Registered Office

The website address should be mentioned on all business related documents like letterheads, business letters and other notices and official publications.

  1. Change of Object for raising money through Prospectus [Rule 32 & Rule 32(3)]

Change of objects for which money was raised through the prospectus. The notice for the same shall also be placed on the website of the company.

  1. Annual returns section 92 (3)

Every company is required to publish the copy of the company’s annual return on the website, and the link shall be disclosed in the board report as well.

  1. Vigil mechanism sec 177 (10)

Vigil mechanism establishment details must be communicated through the company’s website.

  1. Nomination and remuneration policy (NRC) sec 178 (3) and proviso of 178 (4)

In case the company has an NRC policy it needs to be disclosed on the company’s website with Details about the policy developed and implemented by the company on corporate social responsibility initiatives taken during the year.

  1. Independent director schedule 4

The terms and conditions, qualifications and other details regarding the appointment of an independent director should be there on the company’s website

  1. Rule 10 Closure of Register of Members, Debenture or Other Security Holders

Any company closing the register of members including debentures or other security holders needs to publish the notice regarding closure on the company’s website.

  1. Notice of general meeting rule 18

Notice regarding any general meeting to be held need to be disclosed on the company’s website.

  1. Voting through electronic means rule 20

Companies providing the facility of electronic voting is required to publish a notice regarding the meeting on the website after sending it to the members.

  1. Postal ballot rule 22

In case of conducting business through postal ballot, the notice for the same shall be placed on the company’s website along with the results and scrutinizer’s report.

  1. Special notice rule 23

When sending notice to all the members of the company seems impossible then the notice is published in the newspaper and on the company’s website as well.

  1. Notice of Candidature for Directorship rule 13

It is necessary for the company to inform seven days before the general meeting to inform its member about the candidature selected for directorship and the intentions of choosing the same by serving individual notices and by placing a notice of such candidature or intention on the company’s website.

  1. The resignation of director rule 15

The Company is obliged to post within thirty days from the date of receipt of notice of resignation from a director the information on its website.

  1. Form and particulars of advertisement or circulars rule 4

Companies inviting deposits from the public shall upload a copy for the same on its website.

  1. Conversion of Unlimited Liability Company into a Limited Liability Company by Shares or Guarantee rule 37

The Company shall be given seven days from the date of passing of the special resolution regarding the conversion in a general meeting, publish a notice in Form No. INC-27A in newspapers and shall also place the same on the website of the Company.

  1. Statement to be furnished to fund rule 5

The company within ninety days of making any amount transferred to the Unpaid Dividend Account, needs to prepare a statement regarding the names, their addresses and the unpaid dividend to be paid to each person and place it on the website of the company,

  1. Rule 7 Manner of publication of notice

In case of any application (Striking off application) made under sub-section (2) of section 248 of the Act, the company shall also place the application on its website, if any, till the disposal of the application.

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