CS Vikram Sirohi's Posts - Page 4

Investor Education and Protection Fund (IEPF) under Companies Act, 2013

Investor Education and Protection under Companies Act, 2013 1. Power to  whom Section 125(1) CG shall have power to established a fund to be called the Investor Education and Protection Fund. 2.What types of amount to be credited to the Fund Section 125(2) and Rule 3 1. Amount given by the CG by way of […]...

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Posted Under: Company Law |

Proxies under Companies Act, 2013

Article explains provision of Proxies under Section 105 of Companies Act, 2013 read with Rule 19 of the Companies (Management and Administration) Rules, 2019. Article explains appointment of proxy by Shareholdes / Members, Right of Proxies, Limits for appointment as a proxies, Penalty in case of contravention of provisions related to Prox...

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Posted Under: Company Law |

Rotation of Auditors under Companies Act, 2013

Article explains Manner of Rotation of Statutory Auditors under Companies (Audit and Auditors) Rules, 2014 read with Section 139 of Companies Act, 2013. A. Section 139(2) and Rule 5 of the Companies (Audit and Auditors) Rules 2014– Maximum term for appointment of auditors 1. In case of every listed company; 2. All Unlisted companies...

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Posted Under: Company Law |

Conversion of LLP Into Company- Legal Provisions

Article explains Conversion of LLP into Company under Companies Act, 2013 and explains about Companies capable of being registered Relevant Section 366, Resolution in General Meeting required to be passed Section 366(2), Rule 3(1) of the Companies (Authorized to Register) Rules 2014, Information and documents required to be filed with reg...

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Posted Under: Company Law |

Class Action under Companies Act, 2013 | Section 246

If any numbers of members or depositors or any of them is of opinion that the affairs of the company being conducted in a manner prejudicial to the interest of the company, or its members, or its depositors, they file an application to the NCLT on behalf of members, or depositors....

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Posted Under: Company Law |

Oppression & Mismanagement Prevention under Companies Act, 2013

Prevention of Oppression and Mismanagement under the Companies Act, 2013 1. Reason of Oppression and Mismanagement Any member of the Company who complaints that- 1. the affairs of the company has been or is being conducted in a manner prejudicial to the public interest; 2. the affairs of the company has been or being conducted […]...

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Posted Under: Company Law |

Related Party Transaction | Section 188 | Companies Act & Rules

Related Party Transactions Under Companies Act, 2013 (Section 188 and Rule 15 of Companies (Meetings of Board and its Powers) Rules, 2014. Rule 15 is related to Contract or Arrangement With a Related Party and Section 188 is related to Related Party Transactions. Who is Related Party? 2. Board Resolution Section 188(1) For entering into [...

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Posted Under: Company Law |

Incorporation of Wholly Owned subsidiary Company or Subsidiary Company of Foreign Company in India

Incorporation of Wholly Owned subsidiary Company or Subsidiary Company of Foreign Company in India 1. Foreign Subsidiary A  subsidiary company of foreign Company in relation to foreign holding means a company in which a foreign holding Company- a. Control the full  composition of the Board of directors or; b. Hold more than  50% of the...

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Posted Under: Company Law |

E-Voting mechanism under the Companies Act, 2013

E-Voting Mechanism under Companies Act, 2013 1. Section 108 As per this section CG may prescribed the class or classes of Companies and mechanism in which members may exercise his voting by electronics means. 2. Rule 20 of Companies (Management and Administration) Rules, 2014 Applicable on which type of meeting Rule 20(1) On General meeti...

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Posted Under: Company Law |

CSR under Companies Act, 2013

Corporate Social Responsibility (CSR) 1. Company Liable for CSR Section 135(1) Company having – a. Net worth of Rs.- 500 Cr. or More, or b. Turnover of Rs. 1000 Cr. or More, or c. Net Profit of Rs. 5 Cr. or More during the immediately previous financial year 2. CSR Committee Section 135(1) and Rule […]...

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Posted Under: Company Law |

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