Company Law Articles, Notification and Circular

  • Dec
  • 04
  • 2009

Clarification apropos incorrect designation used by a section of media for Shri R.Vasudevan, member CLB

Added In Company Law
Reports have been published in a section of media indicating Shri R.Vasudevan as “Acting Chairman, Company Law Board” or “Company Law Board Chief”. This is factually incorrect as he was never the Acting Chairman of the Company Law Board at any point of time after superannuation of Shri S.Balasubramanian, Chairman, Company Law Board on 2.11.2009. In fact, Shri R.Vasudevan happened to be the junior most Member of the Company Law Board, who joined the Board only on 5.8.2009.

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  • Dec
  • 03
  • 2009

CBI recovered cash, FDRs and jewellery worth nearly Rs 1 crore from the residence of Vasudevan

Added In Company Law
During the last one week’s investigation into the bribery case against Company Law Board (CLB) member R Vasudevan, the Central Bureau of Investigation (CBI) has purportedly found that Vasudevan had made enough ill-gotten money. In fresh raids, the agency has recovered cash, FDRs and jewellery worth nearly Rs 1 crore from his residence.

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  • Dec
  • 03
  • 2009

Corporate governance meaning and Principals

Added In Company Law
Corporate governance (CG) is one of the most talked about topics in business, indeed in society, today. Google search revealed 513 news citations during a single week in June 2006. Most academics, business professionals, and lay observers would agree that CG is defined as the general set of customs, regulations, habits, and laws that determine to what end a firm should be run. Much more fraught, however, is the question: “what defines good corporate governance?”

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  • Dec
  • 02
  • 2009

Low dividend or no dividend by a Company cannot be termed as oppression of minority shareholders

Added In Company Law
It is well established position that Articles of a Company are constituent document and are binding on the Company and its Directors. As aforesaid, the intention of Article 57 is that the share capital of the Company remains within the close knit group and nothing more. On the plain language of the said provision and the intent behind it, the regime of Article 57 has no application to transfer of shares between member to member of the Company interest. There is force in the argument of the Respondents that from the contemporaneous situation, it would appear that all cap

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  • Dec
  • 02
  • 2009

Code on corporate governance in a year’s time

Added In Company Law
The Corporate Affairs Ministry is expected to bring out the code on corporate governance in a year’s time. Mr Salman Khursheed, Minister of State for Corporate Affairs, said on Monday that the final code would be based on the draft common minimum code, which would be out for public review by the third week of December.

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  • Nov
  • 29
  • 2009

Inspection and Investigation

Added In Company Law
Investigation under Section 235:-Investigation is the act of determining whether criminal matters such as employee theft, securities fraud (including falsification of financial statements), identity theft, and insurance fraud have occurred.

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  • Nov
  • 28
  • 2009

Justice Dilip Raosaheb Deshmukh took charge as new Chairman of CLB

Added In Company Law
Former Chhattisgarh High Court Judge Mr Justice Dilip Raosaheb Deshmukh took charge as the new Chairman of the Company Law Board (CLB) on Friday, four days ahead of the originally scheduled joining date. This follows a request by the Government as the presiding Chairman, Mr R. Vasudevan, was arrested on Tuesday by the CBI in a bribery case. The CLB Chairman’s post was held by bureaucrats for many years.

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  • Nov
  • 28
  • 2009

Proposal to pay salary to independent directors subject to attendance of 70% Board meetings

Added In Company Law
The government is examining a proposal seeking to split the compensation package of independent directors into fixed and variable components to ensure they play an active role in the affairs of companies. The variable component will be linked to the attendance at the board meetings, an official with the minsitry of corporate affairs told to a leading newspaper.

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  • Nov
  • 26
  • 2009

Company Law Board (CLB) will get a fresh set of members soon

Added In Company Law
The government has put its act together to see that the Company Law Board (CLB), the quasi-judicial body that gives verdicts on litigation and complaints that come under the purview of the Companies Act, gets a fresh set of members soon. This is in the backdrop of the arrest of R Vasudevan, the senior most CLB member, on November 24. This has left the board with just two members to hear the pending cases that run into thousands.

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  • Nov
  • 26
  • 2009

Govt will no reinvestigations matters handled by arrested CLB member R Vasudevan

Added In Company Law
Vasudevan, who was director investigation and inspection ministry of corporate affairs before joining the CLB three months ago, was looking into high profile cases like the Satyam and the Sesa Goa fraud. “No we don’t need to relook, it is the SFIO that has done the investigation, in the beginning it was done at the level of Regional Director and Registrar of Companies and then it was taken over by the SFIO, so I don’t think we need to worry at all…,” Corporate Affairs Minister Salman Khurshid said.

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