csyogesh12's Posts - Page 3

Appointment of Additional Director

As per Section 149(1): Every Company shall have a Board of Directors Consisting of Individuals as director. (It is clear to understand from this line that only an individual can be director of company. Some persons have doubt that other than individual can be director or not). According to this section Only AN INDIVIDUAL can […]...

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Posted Under: Company Law |

Methods of raising funds in private companies by issuing of shares

Issue Of Shares In Private Companies 1)  Methods of issue of shares:   A) Private Placement (Section 42 of the Companies Ac, 2013, Rule 14) B) Preferential allotment/Preferential offer C) Right Issue D) Conversion of Loan/Debentures into shares. E) Bonus issue A) Private Placement (Section 42 of the Companies Act, 2013, Rule 14)  1) ...

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Posted Under: Company Law |

Lifting of Corporate Veil

From the juristic point of view, a company is a legal person distinct from its members [Salomon v. Salomon and Co. Ltd. (1897) A.C 22]. This principle may be referred to as the Veil of incorporation. The courts in general consider themselves bound by this principle. The effect of this Principle is that there is a fictional veil between th...

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Posted Under: Company Law |

Oppression & Mismanagement

Whenever there is a group of people it becomes very difficult to manage them properly. Each and every person has their own view, thinking and idiosyncrasies. To ensure proper rules and regulation to be maintained in the company we have Companies Act. In the Companies Act, 2013 Chapter XVI deals with the topic of “Prevention […]...

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Posted Under: Company Law |

Procedure for Right Issue of Shares with Relevant Formats

Background- As per Section 62(1) of the Companies act, 2013 if the Company decides to issue fresh shares, these should be offered to existing shareholders in proportion to existing persons who are holders of equity shares. ‘Right Issue’ means offering shares to existing members in proportion to their existing share holding. The object...

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Posted Under: Company Law |

Reduction in share capital under Companies Act, 2013

Procedure For Reduction Of Share Capital Under Section 66 Read With NCLT (Procedure For Reduction Of Share Capital) Rules, 2016 i. Convene a Board Meeting to approve the reduction of share capital and fixing the date of general meeting of the company. ii. Hold the general meeting and have the Special Resolution passed. iii. File […...

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Posted Under: Company Law |

Procedure for payment of stamp duty on shares

PROCEDURE FOR SUBMISSION OF STAMP DUTY: A. First Company will Allot Shares. B. Company will issue Share Certificates within 60 days of Allotment of Shares. C. PREPARE DOCUMENTS: After issue of shares, Stamp duty shall be paid to the exchequer of government within 30 (Thirty) days from issue of Share Certificates. Following documents shall...

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Posted Under: Company Law |

Transfer of Share along with draft documents: Companies Act, 2013

There may be times when you want to change the share structure of your company; either by adding a new shareholder or by changing the existing proportion of shares between shareholders. A share transfer is the process of transferring existing shares from one person to another; either by sale or gift. The securities of a […]...

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Posted Under: Company Law |

Voluntary Revision or Reopening of Books of Account By Company

REVISION/ REOPENING OF BOOKS OF ACCOUNT  Companies Act 2013 has provided a mechanism for revision or reopening of financials statement of a Company, even in a situation where it has already been approved by the company at its AGM or circulated to the members or filed with ROC. Revision or reopening of accounts can be […]...

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Posted Under: Company Law |

Scope for CS Under Intellectual Property Right (IPR) Law

INTRODUCTION Intellectual property (IP) pertains to any original creation of the human intellect such as artistic, literary, technical, or scientific creation. Intellectual property rights (IPR) refers to the legal rights given to the inventor or creator to protect his invention or creation for a certain period of time. These legal rights...

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Posted Under: Company Law |