private limited companies

397/398 – Private Limited Companies – Complications – A Case Study

If a petition under section 397/398 of the Companies Act, 1956 is based on a Share Purchase Agreements and its validity, then, despite the pendency of a civil dispute or arbitration proceeding simultaneously, the proceeding under section 397/398 becomes so complicated and dealing with issue is really challenging. I would like to present a case study with typical facts. The analysis and my opinion on the issue follow the presentation of facts.
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New President and Vice President of ICSI for 2010

Shri Vinayak S. Khanvalkar has been elected as PRESIDENT of the Institute of Company Secretaries of India (ICSI) w.e.f 19th January 2010.Shri Anil Murarka has been elected as the VICE PRESIDENT of the Institute of Company Secretaries of India (ICSI) w.e.f 19th January 2010.
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Drafting Articles of Association?

“Section 26. There may be in the case of public company limited by shares and there shall in the case of an unlimited company or a company limited by guarantee or a private company limited by shares, be registered with the memorandum, articles of association signed by the subscribers of the memorandum, prescribing regulations for the Company.”
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Indian Company Law – Objects Clause?

We all know about the requirements of forming a Company in India. Incorporation of a Company, as a secretarial practice, may not be a complicated exercise. It is not difficult to get the Director Identification Numbers (DIN) for the proposed directors in the Company to be incorporated, it is not difficult to get Digital Signatures, it is not difficult to find the availability of name with the Registrar of Companies by filing e-form and it may not be difficult to comply w..
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Company Law in India – A Brief

In view of the vastness of the subject, the complications and listening at many of my colleagues, I have decided to present a small brief on Companies to be formed under the provisions of Companies Act, 1956, the difference between Private Limited and Public Limited Companies, the applicable law and also the complications. I know the vastness of the subject and I just want to present a small brief as follows:
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Step-down Indian subsidiaries of multinational corporations — are these public companies?

Multinational corporations have been carrying on business in India through private limited companies (‘Indian Companies’) set up by them under the Companies Act, 1956 (‘the Act’). Often, such private limited companies are not subsidiaries of the principal holding company (which has public shareholding), but are step-down subsidiaries of subsidiary companies of such principal holding companies.
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Properties acquired from common properties of common ancestor cannot be adjudicated by Company Court: Civil Suit not barred u/s. 397 to 407 of the Companies Act, 1956

Smt. Premvati & Ors. V. Smt. Bhagwati Devi & Ors. [(2008) 145 Comp Cas ( Del )] Originally the ancestor of the plaintiffs and the defendants, namely, B had started a proprietary concern. His son constituted six private limited companies and registered them under the Companies Act, 1956, and all the shareholders of these companies [...]
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