Company Law

Mandatory Filing of Certificate from Financial Institution in case of Operational Creditor – NCLT – Insolvency Code

In this Flash editorial, the author begins by referring the provisions of Section 9(3) (c) of IBC, 2016 in relation to Certificate from Financial Institution. Since the code come into effect from December 2016 all the applicants/ creditors have begun to file applications under the Code. ...

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MCA continues to shower relaxations on private companies

MCA vide notification dated 22nd June, 2017 issued Companies (Audit and Auditors) Second Amendment Rules, 2017, effective immediately from the above date. The Rules are meant to further amend the Companies (Audit and Auditors) Rules, 2014. The amendment pertains to corresponding rule for Section 139(2), regarding rotation of auditors in t...

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Transfer of Shares of Unlisted Companies

According to the Company Law, shares of a Public Limited Company are freely transferable whereas a Private Limited Company is required to restrict the right to transfer its shares by its Articles of Association (Section 2 (68) of the 2013 Act)....

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Deposits under Companies Act 2013 and Related NCLT Rules

As the financial year started, and Annual General Meeting is round the corner of some or the other Company, I would like to highlight the topic DEPOSITS. I am writing this article in regards to clear the conceptuality chaos in the minds of people regarding the Deposits so accepted by the company ...

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Registration of Charge by Companies under Companies Act, 2013

Section 2 (16) of the Companies Act, 2013 defines the word Charge as an interest or a lien created on a property or an asset of a company or any of its undertakings or both, as a security. A mortgage is also a type of Charge....

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Monthly Summary of Ministry of Corporate Affairs for May, 2017

This Ministry vide Circular no. 04/2017 dated 16.05.2017 has issued a clarification that applications rejected by the Regional Director under Section 22(1) (ii) (b) of Companies Act, 1956 on the ground of expiry of limitation period cannot be reconsidered on a fresh application made under Section 16(1)(a) of the Companies Act, 2013....

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Draft Companies (Registered Valuers and Valuation) Rules, 2017

The draft Companies (Registered Valuers and Valuation) Rules, 2017 have been placed on the Ministry’s website www.mca.gov.in for suggestions/ comments....

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Amendment in Guidance Note on Audit of Consolidated Financial Statements

Important Clarification on Amendment to Paragraph 17 of Revised Guidance Note on Audit of Consolidated Financial Statements issued by ICAI...

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CSR is getting mainstreamed through Companies Act 2013

The Minister of State (MoS) for Finance and Corporate Affairs, Shri Arjun Ram Meghwal, says Corporate Social Responsibility (CSR) is getting mainstreamed through the Companies Act 2013. This landmark legislation has brought the issue of CSR from back rooms of corporates to their Board rooms ...

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Withdrawal of FAQs on Revised Schedule VI to Companies Act, 1956

ICAI withdraws Frequently Asked Questions on the Revised Schedule VI to the Companies Act, 1956 as issued by the Corporate Laws & Corporate Governance Committee in May, 2012....

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Appeals Filed U/s. 10F of Companies Act 1956 cannot be condoned after 60 days

Santosh Kumar Hegde Vs. Parimala Hospitality (P.) Ltd. & Ors. (Bombay High Court) - In view of Companies Act, 1956 being a special statute and upon considering the language of section 10-F, in my view it is clear that the Company Court has no power to condone delay beyond the period of 60 days....

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Principle of imposition of minimum penalty is non-mandatory in compounding of offenses cases: NCLT

Re. M/S UW International Training & Education Centre for Health Pvt. Ltd. (NCLT Delhi) - NCLT held that the principle of imposition of minimum penalty is non-mandatory in compounding of offenses cases, it is necessary to define and understand offense. The term offence has been defined by s 3(38) of General Clauses Act, as any act or omission made punishable by any law for the time being...

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Withdrawn of Application- After Admission – NCLT – INSOLVENCY CODE

Parker Hannifin India Private Limited v/s Prowess International Private Limited (NCLT Kolkata) - NCLT has cleared that once a petition is admitted by the NCLT under IBC, both the parties have no right to withdraw the petition. As it can say IBC is not a Recovery Law it is Revival Law....

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NCLT can allow Compounding of offence despite advanced stage of prosecution

Teamasia Semiconductors (India) Ltd. & Ors., In re (National Company law Tribunal Hyderabad) - the issue to be decided in the present case is whether the National Company Law Tribunal is having power to allow the applicants to compound the offence in question, especially when prosecution was already initiated and the same is in advance stage....

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WEF 15-12-2016 High court lost jurisdiction to hear Company Law petitions

Prasanta Kumar Mitra & Ors. Vs India Steam Laundry P. Ltd. & Ors. (Calcutta High Court) - Matter related to transitional provisions under section 68 of the Companies (Amendment) Act, 1988, which bestowed jurisdiction to hear the case only on High Court, however, as in the case in point, the issue was transferred to NCLT under the 2013 Act, the NCLT would have jurisdiction, even though th...

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MCA increases paid up share capital limit for rotation of private companies auditors

G.S.R. 621(E) - (22/06/2017) - Paid up share capital limit for rotation of auditors in case of private companies has been increased from rupees twenty crore to rupees fifty crore or more. There are no changes in other criteria....

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MCA: Constitution of Committee(s) to review prosecution withdrawal

Order No. 10/17/2017-Legal - (14/06/2017) - Ministry has decided to constitute following Regional Committees under the Chairmanship of Regional Director(s) of the concerned region(s) who would review all the prosecutions/pending litigations in their region(s) including cases filed by the Official Liquidators and furnish a report to the Minist...

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New Exemptions to Private Companies under section 462 of CA, 2013

G.S.R. 583(E) - (13/06/2017) - In exercise of the powers conferred by clauses (a) and (b) of sub-section (1) of section 462 and in pursuance of sub-section (2) of section 462 of the Companies Act, 2013 (18 of 2013) (hereinafter referred to as the said Act), the Central Government, in the interest of public, hereby amends the not...

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New Exemptions to Government Companies under section 462 of CA, 2013

G.S.R. (E). - (13/06/2017) - G.S.R. (E). - In exercise of the powers conferred by clauses (a) and (b) of sub-section (1) of section 462 and in pursuance of sub-section (2) of section 462 of the Companies Act, 2013 (18 of 2013) (hereinafter referred to as the said Act), the Central Government, in the interest of public, hereby a...

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New Exemptions to Section 8 Companies under section 462 of CA, 2013

G.S.R. 584(E). - (13/06/2017) - G.S.R. (E). - In exercise of the powers conferred by clauses (a) and (b) of sub-section (1) of section 462 and in pursuance of sub-section (2) of section 462 read with section 8 of the Companies Act, 2013 (18 of 2013) (hereinafter referred to as the said Act), the Central Government...

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Recent Posts in "Company Law"

Mandatory Filing of Certificate from Financial Institution in case of Operational Creditor – NCLT – Insolvency Code

In this Flash editorial, the author begins by referring the provisions of Section 9(3) (c) of IBC, 2016 in relation to Certificate from Financial Institution. Since the code come into effect from December 2016 all the applicants/ creditors have begun to file applications under the Code. ...

Read More
Posted Under: Company Law |

MCA continues to shower relaxations on private companies

MCA vide notification dated 22nd June, 2017 issued Companies (Audit and Auditors) Second Amendment Rules, 2017, effective immediately from the above date. The Rules are meant to further amend the Companies (Audit and Auditors) Rules, 2014. The amendment pertains to corresponding rule for Section 139(2), regarding rotation of auditors in t...

Read More
Posted Under: Company Law |

Appeals Filed U/s. 10F of Companies Act 1956 cannot be condoned after 60 days

Santosh Kumar Hegde Vs. Parimala Hospitality (P.) Ltd. & Ors. (Bombay High Court)

In view of Companies Act, 1956 being a special statute and upon considering the language of section 10-F, in my view it is clear that the Company Court has no power to condone delay beyond the period of 60 days....

Read More

MCA increases paid up share capital limit for rotation of private companies auditors

G.S.R. 621(E) (22/06/2017)

Paid up share capital limit for rotation of auditors in case of private companies has been increased from rupees twenty crore to rupees fifty crore or more. There are no changes in other criteria....

Read More

Transfer of Shares of Unlisted Companies

According to the Company Law, shares of a Public Limited Company are freely transferable whereas a Private Limited Company is required to restrict the right to transfer its shares by its Articles of Association (Section 2 (68) of the 2013 Act)....

Read More
Posted Under: Company Law |

Principle of imposition of minimum penalty is non-mandatory in compounding of offenses cases: NCLT

Re. M/S UW International Training & Education Centre for Health Pvt. Ltd. (NCLT Delhi)

NCLT held that the principle of imposition of minimum penalty is non-mandatory in compounding of offenses cases, it is necessary to define and understand offense. The term offence has been defined by s 3(38) of General Clauses Act, as any act or omission made punishable by any law for the time being in force....

Read More
Posted Under: Company Law |

Withdrawn of Application- After Admission – NCLT – INSOLVENCY CODE

Parker Hannifin India Private Limited v/s Prowess International Private Limited (NCLT Kolkata)

NCLT has cleared that once a petition is admitted by the NCLT under IBC, both the parties have no right to withdraw the petition. As it can say IBC is not a Recovery Law it is Revival Law....

Read More
Posted Under: Company Law | |

Deposits under Companies Act 2013 and Related NCLT Rules

As the financial year started, and Annual General Meeting is round the corner of some or the other Company, I would like to highlight the topic DEPOSITS. I am writing this article in regards to clear the conceptuality chaos in the minds of people regarding the Deposits so accepted by the company ...

Read More
Posted Under: Company Law |

Registration of Charge by Companies under Companies Act, 2013

Section 2 (16) of the Companies Act, 2013 defines the word Charge as an interest or a lien created on a property or an asset of a company or any of its undertakings or both, as a security. A mortgage is also a type of Charge....

Read More
Posted Under: Company Law |

Comparison chart on recent Exemption to Private Companies

Provision of Section 72(2) clause (a-e) shall not applicable on following Companies: 1) Which accept from its members monies not exceeding 100% percent of aggregate of the paid up share capital, free reserves and Securities Premium account; or 2) Which is a start-up, for fiv...

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Posted Under: Company Law |
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Company Law News India

Corporate law also known as the company law is the study of how the directors, shareholders, creditors, employees and other participants in the community, consumers, and the environment work together with each other. Company law deals with organizations which are registered or incorporated under the Indian company law. The latest Companies Act is the Act which controls the incorporation of companies, responsibilities of companies, directors and laws relating to dissolution of any company. The newly constituted Companies Act 2013 is divided into twenty-nine chapters comprising 470 with 7 schedules. This Act replaced the previous Companies Act, 1956 on August 29th, 2013. The newly constituted Act came into action on September 12th, 2013 with number of changes.

At Taxguru, we provide all the latest news relating to company law in India. Our portal is designed for alerting you on all the latest developments in the company law. We provide all the key cases, help, and guidance on all facets of company law.

Get to know about all significant changes in the Indian corporate laws with our comprehensive and the latest company law news. Our panel of experts offers in-depth analysis and understanding of the corporate and allied laws. At Taxguru, we cover everything from regulations for LLPs to changes in the corporate governance, M&A and Takeover Code, SEBI reforms, exchange controls and commercial arbitration. Tune in to find out more about the corporate laws and all the key developments.

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