Section: 197 of the Companies Act, 2013 Remuneration to Key Managerial Personnel 1. Maximum ceiling for payment of Managerial Remuneration Section 197 of the Companies Act, 2013 prescribed the maximum ceiling for payment of managerial remuneration by a public company to its managing director whole-time director and manager which shall not exceed 11% of the […]
Extract of Definition of Key Managerial Personnels (KMPs) under Section 2 of Companies Act 2013 Section 2(51) ‘key managerial personnel’, in relation to a company, means— (i) the Chief Executive Officer or the managing director or the manager; (ii) the company secretary; (iii) the whole-time director; (iv) the Chief Financial Officer; (v) such other officer, […]
Insolvency Professionals to act as Interim Resolution Professionals, Liquidators, Resolution Professionals and Bankruptcy Trustees (Recommendation) Guidelines, 2020 Date of issue of Guidelines: 2nd June, 2020 Applicability: with effect from 1st July, 2020. There are two types of the Insolvency 1. Corporate Insolvency 2. Individual Insolvency Corporate Insolvency: The IBBI is required under IBC, 2016 to […]
Scheme for Relaxation of Time Period for Filling Forms Related to Creation or Modification of Charges Under Companies Act, 2013 Relevant Circular: MCA Circular dated 17.06.2020 Relevant Sections: Section 77 and Section 78 of the Companies Act, 2013. Reason of the Circular 1. As per section 77 of the Companies Act, 2013, the companies are […]
Relevant Circulars: SEBI Circulars Dated 05.02.2020 & SEBI Circular Dated 12.06.2020 SEBI Circular Dated: 05.02.2020 Purpose of the Circular: 1. Streamline disclosure standards in the growing AIF space. 2. Introduced template for Private Placement Memorandum, Template for Private Placement Memorandum 1. Private Placement Memorandum is a primary document in which all the necessary information about […]
Section 460 have the overriding effect on any other section of the Companies Act, 2013, So as per Section 460, notwithstanding anything contained in companies Act, 1. where any application required to be made to the central Government under any provision of this Act in respect of any matter is not made within the time specified therein, that Government may, for reason to be recorded in writing condone the delay
Indian courts regulate the granting of a temporary injunction in accordance with the procedure laid down under Order XXXIX of the Civil Procedure Code, whereas, temporary and perpetual injunctions are prescribed by Sections 36 to 42 of the Specific Relief Act.
Nominee shareholder: 1. Means a person whose name is entered in the registered of member, who hold share in behalf of actual owner of share. 2. Nominee shareholder has to make declaration, 3. Nominee can be Natural Person or a Legal Person. Main Purpose: 1. To fulfill the minimum shareholders requirement as per the provisions […]
Introduced by: LLP (Second Amendment) Rules, 2018. Relevant date : 18th September 2018 Purpose: -A initiative of ease of doing business -To simplified the procedure of the incorporation of the LLP -To launched another major reform by way of process re-engineering of Incorporation of LLP. Provisions of LLP(Second Amendment) Rules, 2018. The effective date of […]
Procedure to be followed for Transfer of Shares by Foreign Investor to any other Foreign Company Example A Ltd (Company Incorporated in India) B Ltd (A foreign Company holds 100% of A Ltd) C Ltd (A foreign Company holds 100% of B Ltd i.e the ultimate holding Company of A ltd. B Ltd has decided […]
