Company Law

Private Limited Company Registration Process

A private limited company is a type of privately held small business entity. This type of business entity limits owner liability to their shares. Private limited company does not raise capital from the public. This means that it does not issue shares for public subscription....

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Analysis of appointment of Key Managerial Personnel

Characteristically, companies have various levels or hierarchies of employees with base levels starting from workers followed by supervisors, executives, managers, senior managers, general managers, to the top management usually consisting of functional directors and ultimately the managing director....

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Nidhi Company-Provisions as per Companies Act 2013

a) A Nidhi to be incorporated under the Act shall be a public company and shall have a minimum paid up equity share capital of five lakh rupees. b) Every Company incorporated as a Nidhi shall have the last words ‘Nidhi Limited’ as part of its name....

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Quick reference note on compliance requirements for Appointment of a Managing Director by a Private Company

The subject of discussion being touched here is a not a new but commonly searched topic by the young professionals, both in employment or practice, who are looking for quick solutions as to the position of law and compliance requirements on date due to confusion on account of plethora of clarifications/ circulars and exemptions to private...

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Frequently Asked Questions on The Companies Act, 2013

The Companies Act, 2013 was enacted to improve Corporate Governance and better transparency in the corporate sector which is imperative to infuse confidence amongst investors in Indian market and abroad and to further strengthen regulations for the companies...

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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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Exposure Draft of Guidance Note on Division II- Ind AS Schedule III

Request to give comments/ suggestions on the Exposure Draft of the Guidance Note on Division II- Ind AS Schedule III to the Companies Act 2013 by 30th April, 2017...

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Notices for non-compliance with Section 148 / 233B of Companies Act, 2013- Reg.

Few Hon'ble Members of the Institute informed that they and their client companies have received letters/notices from the Courts and/or from the Cost Audit Branch or Registrar of Companies, Ministry of Corporate Affairs. These relate to purported non‐compliance with the provisions of Section 148 of the Companies Act, 2013...

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Soon Aadhaar Integration will be must for MCA21 Services

MCA is actively considering Aadhaar Integration for availing various MCA21 related services. As a preparatory step, all individual stakeholders viz. DIN holders/Directors/Key Managerial Personnel/Professionals of the Institute of Company Secretaries of India-Institute of Chartered Accountants of India-Institute of Cost Accountants of Indi...

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ROC notice to more than 2 Lakh Companies for Strike off of Name

Registrar of Companies has issued notices to more than 2 Lakh Companies all over India who have not commenced business within one year of their incorporation or who have not been carrying on any business or operation for a period of two immediately preceding financial years and have not made any application within such period […]...

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Company unable to pay debt/tax to Government Judicial discretion to direct winding up should not be exercised

Budhia Auto Associate Pvt. Ltd. Vs None (Chhattisgarh High Court) - This petition for winding up has been preferred by the company itself without referring to the relevant clause of Section 433 of the Companies Act, 1956 ('the Act' in short), however, in course of argument it was informed that the petition is under Section 433 (e) of the Act....

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Wind up Petition by employee claiming unpaid Salary is Maintainable

Mr Sanjay Sadanand Varrier Vs M/s Power Horse India Pvt.Ltd. (Bombay High Court) - An employee can maintain a Petition for winding up of a Company under section 439 r/w sections 433(e) and 434 of the Companies Act, 1956 as a creditor based on the claim of the recovery of his unpaid salary and wages. ...

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NCALT penalises for non-appointment of whole time secretary

M/s. Gopala Polyplast Ltd. & Ors. Vs Registrar of Companies, Ahemdabad, Gujarat - The Appellant being not satisfied with the compounding of fine has challenged the order dated 30th September, 2016 passed by National Company Law Tribunal, (hereinafter referred to as the Tribunal), Ahmedabad Bench, in TP No.154/621A/NCLT/AHM/2016 (New), CA No.90/621A/CLB/MB/2013 (Old)....

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A person other than member or creditor can also challenge Company Name striking off

Rishima SA Investments LLC Vs Registrar of Companies, West Bengal & Ors. (Calcutta High Court) - Is a person, not being a member or a creditor or the company itself, entitled to challenge the striking off of the name of the company under Section 560 of the Companies Act, 1956? Does the petitioner have the locus standi to file and maintain the present writ petition?...

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SC upholds constitutional validity of NCLT

Madras Bar Association Vs Union of India & ANR. (Supreme Court of India) - MADRAS BAR ASSOCIATION Vs. UNION OF INDIA & ANR. (Supreme Court) The petitioner felt aggrieved by that part of the judgment vide which establishments of NCLT and NCLAT was held to be Constitutional....

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Transfer of Shares to IEPF Authority

General Circular No.03/2017 - (27/04/2017) - All companies required to transfer shares to IEPF Authority under the aforesaid Rules shall transfer such shares, whether held in dematerialised form or physical form,to the demat account of IEPF Authority by way of corporate action....

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Filing of e-form IEPF-1 despite non generation of IEPF payment Challan

General Circular No. 02/2017 - (20/04/2017) - In terms of Investors Education and Protection Fund (Accounting, Audit, Transfer and Refund) Rules, 2016 as notified on 05.09.2016, and as per the prerequisites of e-form IEPF-1, the companies are required to transfer the amounts to Investor Education and Protection Fund (IEPF) through Challans gene...

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Major Achievements of MCA for The Month of March, 2017

Notification No. I-27011/2/2017-Coord. - (17/04/2017) - MCA, vide notification no. G.S.R. 258(E), dated 17.03.2017 has notified amendments to Ind AS 102(Share-based Payments) and to Ind AS 7(Statement of Cash Flows). Amendments to Ind AS 102, pertaining to the classification and measurement of share-based payment transactions clarify as to how to account...

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Companies (Compromises, Arrangements and Amalgamations) Amendment Rules, 2017

F. No. 1/37/2013 CL.V - (13/04/2017) - GSR ._ In exercise of the powers conferred by section 234 read with section 469 of the Companies Act, 2013, the Central Government, in consultation with the Reserve Bank of India, hereby makes the following rules to amend the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016...

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Sec. 234 notified: Merger or Amalgamation of Company with Foreign Company

F. No. 1/37/2013 CL.V - (13/04/2017) - Government hereby appoints 13th day of April, 2017 as date on which provisions of section 234 of Companies Act, 2013 related to 'Merger or Amalgamation of Company with Foreign Company' shall come into force....

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Recent Posts in "Company Law"

Private Limited Company Registration Process

A private limited company is a type of privately held small business entity. This type of business entity limits owner liability to their shares. Private limited company does not raise capital from the public. This means that it does not issue shares for public subscription....

Read More
Posted Under: Company Law |

Analysis of appointment of Key Managerial Personnel

Characteristically, companies have various levels or hierarchies of employees with base levels starting from workers followed by supervisors, executives, managers, senior managers, general managers, to the top management usually consisting of functional directors and ultimately the managing director....

Read More
Posted Under: Company Law |

Transfer of Shares to IEPF Authority

General Circular No.03/2017 (27/04/2017)

All companies required to transfer shares to IEPF Authority under the aforesaid Rules shall transfer such shares, whether held in dematerialised form or physical form,to the demat account of IEPF Authority by way of corporate action....

Read More

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

CL&CGC/ 20/ 2017-2018 (25/04/2017)

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....

Read More
Posted Under: Company Law |

Nidhi Company-Provisions as per Companies Act 2013

a) A Nidhi to be incorporated under the Act shall be a public company and shall have a minimum paid up equity share capital of five lakh rupees. b) Every Company incorporated as a Nidhi shall have the last words ‘Nidhi Limited’ as part of its name....

Read More
Posted Under: Company Law |

Exposure Draft of Guidance Note on Division II- Ind AS Schedule III

Request to give comments/ suggestions on the Exposure Draft of the Guidance Note on Division II- Ind AS Schedule III to the Companies Act 2013 by 30th April, 2017...

Read More
Posted Under: Company Law |

Quick reference note on compliance requirements for Appointment of a Managing Director by a Private Company

The subject of discussion being touched here is a not a new but commonly searched topic by the young professionals, both in employment or practice, who are looking for quick solutions as to the position of law and compliance requirements on date due to confusion on account of plethora of clarifications/ circulars and exemptions to private...

Read More
Posted Under: Company Law |

Frequently Asked Questions on The Companies Act, 2013

The Companies Act, 2013 was enacted to improve Corporate Governance and better transparency in the corporate sector which is imperative to infuse confidence amongst investors in Indian market and abroad and to further strengthen regulations for the companies...

Read More
Posted Under: Company Law |

Filing of e-form IEPF-1 despite non generation of IEPF payment Challan

General Circular No. 02/2017 (20/04/2017)

In terms of Investors Education and Protection Fund (Accounting, Audit, Transfer and Refund) Rules, 2016 as notified on 05.09.2016, and as per the prerequisites of e-form IEPF-1, the companies are required to transfer the amounts to Investor Education and Protection Fund (IEPF) through Challans generated on MCA 21 portal....

Read More

Casual vacancy due to resignation of Auditor under Companies Act, 2013 with relevant formats

The term casual vacancy has not been defined in the Companies Act, 2013. Generally, it means a vacancy caused due to death, disqualification and resignation of an auditor. Through this article, we are going to discuss casual vacancy arises due to resignation of Auditor in a Company under the Companies Act, 2013....

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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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