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Archive: 10 March 2015

Posts in 10 March 2015

Extract of Section 441 of Companies Act, 2013

March 10, 2015 2723 Views 0 comment Print

Section 441- Compounding of certain offences (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any offence punishable under this Act (whether committed by a company or any officer thereof) with fine only, may, either before or after the institution of any prosecution, be compounded by—

Putting of system to regularly monitor litigation cases for safeguarding the interests of Union of India

March 10, 2015 1060 Views 0 comment Print

I am directed to say that it has been observed that in many litigation cases pending before various Courts, where the Union of India (UOI) is the Petitioner or the Respondent, Government interests are not being defended with adequate diligence. There is, therefore, a need of putting a system in place so that the cases are regularly monitored and the interest of the UOI is properly safeguarded before the Courts of Law.

Loans & advances to employees – Applicability of Section 185 / 186 of Companies Act, 2013

March 10, 2015 97954 Views 0 comment Print

The issue has been examined and it is hereby clarified that loans and/or advances made by the companies to their employees, other than the managing or whole time directors (which is governed by section 185) are not governed by the requirements of section 186 of the Companies Act, 2013. This clarification will, however, be applicable if such loans/advances to employees are in accordance with the conditions of service applicable to employees and are also in accordance with the remuneration policy, in cases where such policy is required to be formulated.

Extract of Section 269 of Companies Act, 2013

March 10, 2015 5856 Views 0 comment Print

Section 269 of Companies Act, 2013- Rehabilitation and Insolvency Fund (1) There shall be formed a Fund to be called the Rehabilitation and Insolvency Fund for the purposes of rehabilitation, revival and liquidation of the sick companies. (2) There shall be credited to the Fund— (a) the grants made by the Central Government for the […]

Extract of Section 8 of Companies Act, 2013

March 10, 2015 654 Views 0 comment Print

Section 8- Formation of companies with charitable objects, etc (1) Where it is proved to the satisfaction of the Central Government that a person or an association of persons proposed to be registered under this Act as a limited company— (a) has in its objects the promotion of commerce, art, science, sports, education, research, social […]

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