Companies Act

GST and SCNs issued by MCA for non compliance with Cost Audit Provisions

Goods and Services Tax - Show Cause Notices (SCNs) issued by MCA for non compliance with the Cost Audit Provisions: Is it a beginning to ensure collection of authenticated data at HSN code level for GST...

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Checklist for Alteration of Share Capital under Companies Act, 2013

Goods and Services Tax - Article compiles Checklist for the Alteration of Share Capital under Section 61 of Companies Act, 2013 together with NCLT Rules, 2016....

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Role of Company Secretary In NCLT & NCLAT

Goods and Services Tax - Article explains Role of Company Secretary In National Company Law Tribunal (NCLT) & National Company Law Appellate Tribunal (NCLAT)...

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Checklist for application to Inspect Minutes of General Meeting

Goods and Services Tax - Article compiles Checklist for the application made under section 119 of Companies Act, 2013 for Refusal of Inspection of Minute Books of General Meeting together with NCLT Rules, 2016....

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All about Loan under Nidhi Company in India – Practical Aspect

Goods and Services Tax - CA Paras Mehra 1.0 Introduction In this article, we shall discuss the practical aspects about the lending power under the Nidhi Company. Nidhi Companies are one of the special types of companies in India which had a power to accept deposit and lend money. However, for some people it is still a mystery on how […]...

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75% listed companies have appointed Women Directors

Goods and Services Tax - Ministry of Corporate Affairs has informed that as per second proviso to sub-section (1) of section 149 of the Companies Act, 2013 provide that prescribed class of companies shall have at least one women director. ...

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Show cause notices to 1018 companies for violation of CSR norms

Goods and Services Tax - Show cause notices have been issued to 1018 companies for 2014-15 for violation of Section 135 read with Section 134(3) (o) of the Companies Act, 2013....

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Major Achievements of MCA for the Month of January, 2017

Goods and Services Tax - During the month two notification(s) (one for private companies and the other for public companies) under section 462 of the Companies Act, 2013 [CA-13] have been issued providing for exceptions, modifications and adaptations from some of the provisions of the CA-13 for companies licensed to operate by the Reserve Bank of India or Securit...

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Request to comply with provisions of Companies Act, 2013

Goods and Services Tax - Ministry of Corporate Affairs to analyse the compliance with the provisions of the Companies Act, 2013 and Rules thereon wherein it was discussed that the members should take due care in enhancing compliance with the provisions of the Companies Act, 2013....

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Harsh punitive against deviant Shell Companies: MOF

Goods and Services Tax - Harsh punitive actions to be taken against the deviant Shell Companies including freezing of Bank Accounts, striking off the names of dormant companies, invocation of Benami Transactions (Prohibition) Amendment Act, 2016; A Task Force set-up under the Co-chairmanship of the Revenue Secretary and Corporate Affairs Secretary with members fr...

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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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Dispensing with requirement for convening meeting of Equity Shareholders not possible: NCLT

Re. JVA Trading Private Limited (National Company Law Tribunal) - In relation to the dispensation of the meeting of the equity shareholders of the Transferor Company is concerned we are not inclined to grant dispensation taking into consideration the provisions of Companies Act, 2013 and the rules framed there under both of which expressly do not clothe this Tribu...

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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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Postal ballot & e-voting cannot dispense general meeting – HC

Scheme of amalgamation of Wadala Commodities Limited with Godrej Industries Limited (Bombay High Court) - Bombay high court in scheme of amalgamation between Wadala Commodities Limited with Godrej Industries Limited has passed a judgment on postal ballot and e-voting. Court has observed that postal ballot and e-voting is an additional facility and cannot have the effect of dispensing the general meeting...

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New Companies Rules not binding till Publication in official gazette – HC

Scheme of amalgamation of Wadala Commodities Limited with Godrej Industries Limited (Bombay High Court) - Bombay High Court in scheme of amalgamation between Wadala Commodities Limited with Godrej Industries Limited has stated that gazetted copy of many MCA rules are not available, hence in the opinion of the court they are not binding so far or at least from 1st April 2014....

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Designation of Special Court for Telangana & Andhra Pradesh under Companies Act, 2013

S.O. 945(E) - (23/03/2017) - Chief Justice of the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh hereby designates the following Courts mentioned in the Table below as Special Courts for the purposes of providing speedy trial of offences punishable with imprisonment of two years...

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Substitution of ICSI and ICAI nominee on NACAS

S.O. 944(E) - (23/03/2017) - In exercise of the powers conferred by sub-section (1) of section 210A of the Companies Act, 1956 (1 of 1956), hereinafter referred to as the said Act, the Central Government hereby makes the following further amendments in the notification of the Government of India...

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Companies (Indian Accounting Standards) (Amendment) Rules, 2017

G.S.R. 258(E) - (17/03/2017) - (1) These rules may be called the Companies (Indian Accounting Standards) (Amendment) Rules, 2017. (2) They shall come into force on the 1st day of April, 2017....

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Vacancies for Technical Member in NCLT for CA, CS, CMA etc

No.A-12023/2/2017-Ad.IV(i) - (08/03/2017) - Filling up of 12 posts of Technical Member in the National Company Law Tribunal (NCLT) - inviting applications for- selected candidates will be required to serve at any of the already constituted NCLT benches or benches to be constituted in future in different parts of the country in a phased manner...

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Companies (Transfer of Pending Proceedings) Amendment Rules, 2017

Notification No. F. No. 1/5/2016-C1-V - (28/02/2017) - In exercise of the powers conferred under sub-sections (1) and (2) of section 434 of the Companies Act, 2013 (18 of 2013) read with sub-section (1) of section 239 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016) (hereinafter referred to as the Code), the Central Government hereby makes the f...

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Recent Posts in "Companies Act"

GST and SCNs issued by MCA for non compliance with Cost Audit Provisions

Show Cause Notices (SCNs) issued by MCA for non compliance with the Cost Audit Provisions: Is it a beginning to ensure collection of authenticated data at HSN code level for GST...

Read More
Posted Under: Company Law |

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. ...

Read More

Dispensing with requirement for convening meeting of Equity Shareholders not possible: NCLT

Re. JVA Trading Private Limited (National Company Law Tribunal)

In relation to the dispensation of the meeting of the equity shareholders of the Transferor Company is concerned we are not inclined to grant dispensation taking into consideration the provisions of Companies Act, 2013 and the rules framed there under both of which expressly do not clothe this Tribunal with the power of dispensation in re...

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Posted Under: Company Law | |

Designation of Special Court for Telangana & Andhra Pradesh under Companies Act, 2013

S.O. 945(E) (23/03/2017)

Chief Justice of the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh hereby designates the following Courts mentioned in the Table below as Special Courts for the purposes of providing speedy trial of offences punishable with imprisonment of two years or more under the said Act, namely:-...

Read More

Substitution of ICSI and ICAI nominee on NACAS

S.O. 944(E) (23/03/2017)

In exercise of the powers conferred by sub-section (1) of section 210A of the Companies Act, 1956 (1 of 1956), hereinafter referred to as the said Act, the Central Government hereby makes the following further amendments in the notification of the Government of India...

Read More

Checklist for Alteration of Share Capital under Companies Act, 2013

Article compiles Checklist for the Alteration of Share Capital under Section 61 of Companies Act, 2013 together with NCLT Rules, 2016....

Read More
Posted Under: Company Law |

Role of Company Secretary In NCLT & NCLAT

Article explains Role of Company Secretary In National Company Law Tribunal (NCLT) & National Company Law Appellate Tribunal (NCLAT)...

Read More
Posted Under: Company Law |

Checklist for application to Inspect Minutes of General Meeting

Article compiles Checklist for the application made under section 119 of Companies Act, 2013 for Refusal of Inspection of Minute Books of General Meeting together with NCLT Rules, 2016....

Read More
Posted Under: Company Law |

All about Loan under Nidhi Company in India – Practical Aspect

CA Paras Mehra 1.0 Introduction In this article, we shall discuss the practical aspects about the lending power under the Nidhi Company. Nidhi Companies are one of the special types of companies in India which had a power to accept deposit and lend money. However, for some people it is still a mystery on how […]...

Read More
Posted Under: Company Law |

Checklist for correction of Info wrongly furnished U/s. 7 of CA 2013

Article provides Checklist for Correction of Information wrongly furnished under section 7 (Incorporation of Company) of Companies Act, 2013 keeping in view the NCLT Rules, 2016...

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Posted Under: Company Law |
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