Companies Act

All about Unregistered Companies

Company Law - History- The unregistered company could be incorporated under the previous law i.e. Companies Act 1956 under PART IX: - COMPANIES AUTHORIZED TO REGISTER UNDER THIS ACT under the preview of section 565 to 581 of the Companies Act 1956....

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How to shutdown Section 8 Company?

Company Law - Promoters engaged in the business not for profit ideally go for registering a company under Section 8 of the Companies Act, 2013. Once a company is registered under Section 8 either as a public or private such company is free from not using the words private limited or public limited after the key word of the company. A partnership firm c...

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Brief notes on Corporate Social Responsibility: Companies Act 2013

Company Law - In Companies Act 2013, there is provision for Corporate Social Responsibility under Section 135 of Companies Act 2013. By following provision of the CSR, companies are giving something back to society....

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Procedure for Declaration and Payment of Interim Dividend

Company Law - As per section 123(3) of Companies Act, 2013, a dividend is said to be an Interim dividend, if it is declared by the Board of directors during any financial year out of surplus in the profit and loss account and out of profits of the financial year in which such interim dividend is sought to be declared....

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Migration from LLP to Company structure

Company Law - The article discusses the need for business to be conducted through LLP, the need to migrate from LLP to Company structure, various ways for migration from LLP to Company structure and issues revolving around it. ...

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CSR is getting mainstreamed through Companies Act 2013

Company Law - 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

Company Law - 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

Company Law - 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.

Company Law - 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

Company Law - 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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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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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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Reg. Admission by Regional Director of Time barred application

General Circular No. 04/2017 - (16/05/2017) - A representation was received from Regional Director, Mumbai seeking Clarification as to whether Regional Directors can entertain, fresh applications u/s 16 of the Companies Act, 2013 in respect of applications which were earlier rejected by them under Companies Act, 1956...

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Comply with norms related to transfer of proceedings from HCs to NCLT before 14.06.2017

NA - (17/05/2017) - The time for compliance of rule 5 of the Companies (Transfer of Proceedings) Rules, 2016 has been extended to six months from 15th December 2016 vide Notification No. GSR 175(E) dated 28th February, 2017 to six months from 15th December 2016....

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MCA withdraws Circular on Transfer of shares to IEPF Authority

General Circular No.05/2017 - (16/05/2017) - General Circular No. 03/2017 dated 27.04.2017 regarding Transfer of shares to IEPF Authority is being reviewed by the Ministry and hence the said circular stands withdrawn with immediate effect....

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ROC clarifies on acceptance of deposits without deposit insurance contract

G.S.R. 454(E) - (11/05/2017) - Provided that the companies may accept deposits without deposit insurance contract till the 31st March, 2018 or till the availability of deposit insurance product, whichever is earlier....

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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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Recent Posts in "Companies Act"

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 ...

Read More
Posted Under: Company Law |

Reg. Admission by Regional Director of Time barred application

General Circular No. 04/2017 (16/05/2017)

A representation was received from Regional Director, Mumbai seeking Clarification as to whether Regional Directors can entertain, fresh applications u/s 16 of the Companies Act, 2013 in respect of applications which were earlier rejected by them under Companies Act, 1956...

Read More

Comply with norms related to transfer of proceedings from HCs to NCLT before 14.06.2017

NA (17/05/2017)

The time for compliance of rule 5 of the Companies (Transfer of Proceedings) Rules, 2016 has been extended to six months from 15th December 2016 vide Notification No. GSR 175(E) dated 28th February, 2017 to six months from 15th December 2016....

Read More

MCA withdraws Circular on Transfer of shares to IEPF Authority

General Circular No.05/2017 (16/05/2017)

General Circular No. 03/2017 dated 27.04.2017 regarding Transfer of shares to IEPF Authority is being reviewed by the Ministry and hence the said circular stands withdrawn with immediate effect....

Read More

All about Unregistered Companies

History- The unregistered company could be incorporated under the previous law i.e. Companies Act 1956 under PART IX: - COMPANIES AUTHORIZED TO REGISTER UNDER THIS ACT under the preview of section 565 to 581 of the Companies Act 1956....

Read More
Posted Under: Company Law |

How to shutdown Section 8 Company?

Promoters engaged in the business not for profit ideally go for registering a company under Section 8 of the Companies Act, 2013. Once a company is registered under Section 8 either as a public or private such company is free from not using the words private limited or public limited after the key word of the company. A partnership firm c...

Read More
Posted Under: Company Law |

Brief notes on Corporate Social Responsibility: Companies Act 2013

In Companies Act 2013, there is provision for Corporate Social Responsibility under Section 135 of Companies Act 2013. By following provision of the CSR, companies are giving something back to society....

Read More
Posted Under: Company Law |

Procedure for Declaration and Payment of Interim Dividend

As per section 123(3) of Companies Act, 2013, a dividend is said to be an Interim dividend, if it is declared by the Board of directors during any financial year out of surplus in the profit and loss account and out of profits of the financial year in which such interim dividend is sought to be declared....

Read More
Posted Under: Company Law |

ROC clarifies on acceptance of deposits without deposit insurance contract

G.S.R. 454(E) (11/05/2017)

Provided that the companies may accept deposits without deposit insurance contract till the 31st March, 2018 or till the availability of deposit insurance product, whichever is earlier....

Read More

Migration from LLP to Company structure

The article discusses the need for business to be conducted through LLP, the need to migrate from LLP to Company structure, various ways for migration from LLP to Company structure and issues revolving around it. ...

Read More
Posted Under: Company Law |
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