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Archive: July, 2014

Posts in July, 2014

Procedure For Private Placement Of Shares Under Companies Act 2013

July 8, 2014 125398 Views 11 comments Print

CS Divesh Goyal Section (1)(c) read with Sec-42 of Companies Act 2013 1. Check Provision in Article regarding Private Placement 2. Call Board Meeting: • To Prepare Offer Letter • Make Proposal for Private Placement • Prepare list of persons to whom option will be given • Call EGM 3. Call EGM: • Pass SR- […]

How to Incorporate Company Limited by Shares Under Companies Act, 2013

July 8, 2014 3354 Views 0 comment Print

CS Divesh Goyal 1. To register a company, you need to first apply for a Director Identification Number (DIN) which can be obtained by filing e-Form for acquiring the DIN. Form DIR 3. 2. Acquire or register for DSC and register yourself as a user in the relevant user category, such as registered and business […]

Procedure for Increase in Authorise Share Capital under Companies Act 2013

July 8, 2014 12507 Views 0 comment Print

CS Divesh Goyal INCREASE IN AUTHORIZE CAPITAL GOVERN BY SECTION 61. PROCEDURE First check is there any provision in AOA regarding increase in capital, if there is provision in Article then it’s ok, But If there is no provision in AOA then first Alter AOA. Hold a Board Meeting –         To Get approval of Directors […]

Procedure for acceptance of Deposit by Public company

July 8, 2014 9506 Views 0 comment Print

CS Divesh Goyal Sec- 76 of Companies Act 2013 1. Call Board Meeting: To pass resolution for acceptance of deposit from members Approve Draft DPT-1 (Circular) Appoint a Trustee Call General Meeting Authorize Director or Secretary for further process 2. Call General Meeting Pass Ordinary Resolution for acceptance of deposit, if deposit with in limit […]

Procedure for acceptance of Deposit by Private company

July 8, 2014 6153 Views 0 comment Print

ACS Divesh Goyal 1. Call Board Meeting: • To pass resolution for acceptance of deposit from members • Approve Draft DPT-1 (Circular) • Appoint a Trustee • Call General Meeting • Authorize Director or Secretary for further process 2. Call General Meeting

Deposits Under New Companies Act and requirement of Filing DPT-4

July 8, 2014 26265 Views 1 comment Print

ACS Divesh Goyal DEPOSITS UNDER NEW COMPANIES ACT ARE A CRITICAL ISSUE FOR ALL COMPANIES, MOSTY FOR PRIVATE LIMITED COMPANIES. ON EVERY ISSUE RELATED TO DEPOSITS THERE ARE MANY VIEWS. REQUIREMENT OF DPT-4 COMPANY LAW UPDATE: Why old loan from shareholders, relatives & other individuals be treated as deposits in DPT4? 1) Deposit for the […]

Related Party Transaction Under Companies Act, 2013 (Section- 184,188 & 189)

July 8, 2014 125488 Views 4 comments Print

ACS Divesh Goyal Section: 184 Disclosures of Interest by Directors: (1)          Every Director Shall disclose his Concern or interest in any company Companies Body Corporate Firms Other Associations of Individuals by giving a Notice In Writing In Form MBP 1. At First BM in which he participate as director                                        AND Thereafter, At First BM […]

Appointment And Remuneration Of Managerial Personnel: Companies Act 2013

July 8, 2014 145508 Views 27 comments Print

ACS Divesh Goyal Managing Director is Key Managerial Personal of utmost importance. He is face of a company and its decision-making mechanism. A person gain significant advantages as Managing Director which may not be there, in case of his appointment as Manager or Chief Executive Officer. While Chief Executive Officer has no special advantage except […]

Section 185 Loan To Directors – Companies Act 2013

July 8, 2014 13769 Views 1 comment Print

ACS Divesh Goyal TERMS ON WHICH WE MUST FOCUS BEFORE START READ THIS SECTION 185 With the usage of words ‘SAVE AS OTHERWISE PROVIDED UNDER THIS ACT’ in Section 185, whether loans to director and other person in whom Director is interested may also be made after complying with the provisions of such Section 186 […]

Section 186 Loan & Investment By Company

July 8, 2014 5558 Views 0 comment Print

ACS Divesh Goyal Section 186 – Loan and investment by company under the Companies Act,2013 APPLICABILITY: This is applicable for Private Company and Public Company. APPROVAL:No Company Shall Directly or Indirectly without Board Resolution-   Board Approval: Company can give loan or guarantee or providing any security or the acquisitionby Passing of Unanimous Board Resolutionat […]

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