The Companies Act, 2013 has prescribed a new set of meeting known as exclusive meeting by Independent Directors to assign more responsibility and powers to Independent Directors. However, not much clarity has been provided by the law on the detailed procedural aspect of the said meeting. Here we are examining the detailed procedure and related aspects on the same.
– This article is an attempt to analyse the impact of amendment made in section 11A of the Central Excise Act, 1944 and section 73 of the Finance Act wherein no show cause notice will be issued if the assessee has self-assessed and declared the duty payable by them in the periodic returns filed by them and recovery proceedings will be initiated without even providing the assessee with the opportunity of being heard.
Section 12AA, which lays down the procedure for registration, does not speak anywhere that the CIT, while considering the application for registration, shall also see that the income derived by the trust or the institution is either not being spent for charitable purpose or such institution is earning profit.
The trading members shall ensure that all such associated persons who are approved users or sales personnel in the respective derivative segments shall obtain the certification as per the timelines mentioned in the respective notifications.
Common Derivatives Certification Examination : Notification under regulation 3 of the Securities and Exchange Board of India (Certification of Associated Persons in the Securities Markets) Regulations, 2007
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—
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.
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.
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 […]
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 […]
