Ministry of Corporate Affairs (‘MCA’) has, vide its recent Notification No. GSR 409(E) dated June 15, 2021, notified the amendment in Companies (Meetings of Board and its Powers) Rules, 2014. By the said amendment,Rule 4 has been permanently deleted. Please note that Section 173 of Companies Act, 2013 (‘CA, 2013’) allows to hold Board Meeting […]
Comparison between Issue of shares on Right Basis (Right Issue) and Issue of shares on Preferential Basis (Preferential Allotment through Preferential Offer) under Companies Act, 2013 Issue of share on Rights Basis and issue of shares on Preferential Basis are covered under Section 62 of the Companies Act, 2013 and Companies (Share Capital and Debentures) Rules, 2014 and […]
Indian Government has issued a Circular No. 2 of 2021 dated 3rd March, 2021 (Circular 2021) for determination of residency of individuals for the current tax year (PY 2020-2021) for individuals who were forced to remain in India due to suspension of international flights in light of the Novel Corona Virus (COVID-19). Circular 2021 comes […]
An LLP is required to file certain mandatory returns whether it does the business or not. Non-filing of due returns will attract penalties and prosecution under the LLP Act and the Designated Partners are liable to face the same action. The penalty for LLPs defaulting in filing of any statutory return is Rs.100 per day, without […]
E-Form ADT-1 is required to be filed pursuant to Section 139 and 140 of the Companies Act, 2013 (‘CA, 2013’) and pursuant to Rule 4(2) of the Companies (Audit and Auditors) Rules, 2014. It is notable that the first Auditor shall be appointed in the company by Board of Director under Section 139(6) or 139(7) […]
(Loan Agreement should be dully signed and executed by all parties as per the State Stamp Act and agreement should be notarized as well) The undersigned: (Borrower) _______________________Hereinafter referred to as “the Borrower” And (Lender) __________________________Hereinafter referred to as “the Lender” Whereas: The Lender, as the Foreign Equity Holder of the Borrower’s company and holding […]
With the objective of promoting ease of doing business in India, the Reserve Bank of India (RBI) has simplified and liberalised the erstwhile framework on external commercial borrowings/foreign currency denominated loans and the rupee denominated loans by notifying the Foreign Exchange Management (Borrowing and Lending) Regulations, 2018 (ECB Regulations) issued vide Notification No. FEMA 3 (R)/2018-RB […]
The claim would get extinguished once the Resolution Plan was accepted by the National Company Law Tribunal [Ref: Sirpur Paper Mills Limited vs. I.K. Merchants Pvt. Ltd. dated 07th May, 2021] We are regularly seeing lots of changes by way of amendments, ordinances and judgments in the Insolvency and Bankruptcy Code, 2016 (hereinafter the ‘IBC’) in […]
I hope that you all are aware about the Ordinance i.e. Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021 which has been come into effective at once, promulgated by President on 4th April, 2021.This Ordinance amends the Insolvency and Bankruptcy Code 2016 (‘IBC or Code’) to allow the Central Government to notify such pre-packaged process for […]
Relaxation of time for filing forms related to creation or modification of charges under the Companies Act, 2013 The Central Government in exercise of its powers under Section 460 read with Section 403 of the Act and the Companies (Registration Offices and Fees) Rules, 2014 (Fees Rules) has decided, vide MCA General Circular No. 07/2021 […]
