Company Law articles

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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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...

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Posted Under: Company Law |

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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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 ...

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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....

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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 |

Analysis of recent Exemption notification for Section 8 Company

Section 149(1) of the Act, 2013- Every company shall have a Board of Directors consisting of individuals as directors and shall have- a minimum number of three directors in the case of a public company, two directors in the case of a private company, and one director in the case of a One Person Company; and a maximum of fifteen directors...

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Posted Under: Company Law |

MCA favorably revisits exemption notification relating to private companies

The proviso to section 2(40) of Act, 2013 has been substituted to provide exemption from furnishing cash flow statement by such private companies that are recognized as start-up in accordance with DIPP notification....

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Posted Under: Company Law |

Analysis of further exemption to private limited Companies

Cash flow statement is not mandatory for private limited companies which are start –up companies. Thus, Cash flow statement will not be required for One person Company, Small Company, Dormant Company and Private limited Company (if such Company is start-up company)...

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Posted Under: Company Law |

Lets understand 22 changes in Exemption to Private Limited Company

Previously, Ministry of Corporate Affairs by notification dated 5th June, 2017 has given several exemptions to Private Limited Companies. Via Notification dated 13th June, 2017 MCA has added more exemptions by amending the notification dated 5th June, 2015....

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Posted Under: Company Law |
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