This article is written in relation to recent MCA notices for the disqualification of directors under section 164 (2) of the Companies Act. Efforts have been made to make reader understand the section 164 along with section 167 of the Act.
In this piece of writing, author throws light on new concept introduced under Companies Act, 2013 (the Act) regarding of Establishment of Serious Fraud Investigation Office (SFIO) by Central Government and investigation of affairs of company by established SFIO & their powers to arrest the accused. Its laid down procedure and mechanism for conducting such investigations are briefly discussed in this article.
Section 66 which is the governing provision for Reduction of Share Capital of a company is one amongst those sections notified on 07th December, 2016. Immediately, thereafter, MCA has further, notified the National Company Law Tribunal (Procedure for Reduction of Share Capital of Company) Rules, 2016 on 15th December, 2016.
Ministry of Corporate Affairs have issued the notification to further amend the Companies (incorporation) Rules, 2014 (hereinafter referred to as the principal rules) namely the Companies (incorporation) Second Amendment Rules, 2017.
In general parlance, if we consider our global business, it is the fusion of Assets and Liabilities which generates the revenue or surplus or profit, whatever may be terms but finally ends up with one five letter word MONEY for the company.
Fast Track Insolvency Process of Corporate Person (Chapter IV of Part II of the Code) SECTION 55 -58 OF THE INSOLVENCY AND BANKRUPTCY CODE, 2016, READ WITH IBBI (Fast Track Insolvency Resolution Process for Corporate Persons) Regulations, 2017 CHAPTER II, PART II OF THIS CODE (Procedural Manner) CHAPTER VII, PART II OF THIS CODE (Offences & […]
Entrenchment of Article of Association is required in case where we want to specifically enforce the applicability of certain actions, which cannot be overridden until and unless supported by supermajority or a referendum or in order to protect the interest of minority shareholders, where the consent of minority party is required to override the same.
In this article, it is specifically discussed about the Revival/ Restoration of Struck off Companies under section 248 of the Companies Act (the Act) under Section 252 of the Companies Act, 2013 read with National Company Law Tribunals Rules, 2016 (As amended till 05-07-2017) by making an appeal to Tribunal.
In this article, we will highlight the recent amendments by Central Government read with section 469 of the Companies Act, 2013 (18 of 2013) under the following heads issued by Ministry of Corporate Affairs through a notification dated 05th July 2017.
In this article, the author specifically discusses the Section 4 to 32 of Chapter I of Part II of the Insolvency and Bankruptcy Code, 2016 dealing with INSOLVENCY AND RESOLUTION AND LIQUIDATION FOR CORPORATE PERSONS.
