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Analysis of 4 recent NCLT Ruling on Insolvency Bankruptcy Code, 2016

November 23, 2018 4452 Views 1 comment Print

Article explains following 4 FAQs based on recent NCLT Rulings- 1. Whether Pendency of Proceedings or initiation of action under SARFAESI Act is a ground for rejection of application u/s 7 of IBC? 2. Whether non-cooperation of suspended management and non –availability of assets in Company can be an ground for initiation of Liquidation process? […]

Companies Amendment (Ordinance), 2018: Key Take Away

November 3, 2018 11022 Views 0 comment Print

Companies Amendment (Ordinance), 2018 amending Companies Act, 2013 was passed by Ministry of Law and Justice on 2nd November, 2018. The Companies (Amendment) Ordinance, 2018 suggests 32 amendments to the Companies Act, 2013. The Ordinance has been promulgated based on the Report of Committee Constituted to Review Penalty, Jail Term for Offences under Companies Act, […]

Requirement – MGT – 9 Big Question?

October 21, 2018 60966 Views 4 comments Print

Whether Companies required preparing MGT-9 after 31st July, 2018? Whether Companies are required to comply both Section 92 and Section 134? While complying Section 134, MGT-9 required being published on website of Company or Annual Return i.e. MGT-7 required publishing on website of Company? If Company doesn’t having website in such case whether MGT-9 required or not? If section 92 notified as suggested by Companies Amendment Act, 2017. Whether MGT-9 shall be part of Companies Act, 2013 or not?

Companies Amendment Act, 2017- Analysis

October 4, 2018 14946 Views 2 comments Print

OBJECTS OF COMPANIES AMENDMENT ACT, 2017 √ Simplification of Compliances and doing away with unnecessary procedures. √  Lesser regulatory interference and greater self-regulation √  Clarity in the provisions of the Act. √  Encouragement for Startups √  Strengthen Corporate Governance Standard √  Strict Action against defaulting Companies √  Transparency JOURNEY SO FAR NOTIFIED SECTIONS IMPACT  ON THE […]

Draft Format of Director’s Report: Other than OPC & Small Company

October 3, 2018 51114 Views 2 comments Print

Below mentioned directors report shall not applicable on opc and small company. Draft format of opc and small company has been published on link: http://www.csdiveshgoyal.info/2018/08/draft-format-directors-report-one.html

Companies Amendment Act, 2017 impact on Annual Filing of F.Y. ended 31.03.2018

October 3, 2018 3987 Views 0 comment Print

MCA vide notified approximately 84 sections of Companies Amendment Act, 2017 out of 93 sections. Link for list of notified section available on below mentioned link: http://www.csdiveshgoyal.info/2018/08/notification-84-sections-of-companies.html

Managerial remuneration (MD, WTD, Directors) with FAQs

October 3, 2018 70410 Views 2 comments Print

Articles explains amended Provisions related to Managerial remuneration of Managing Director (MD),  Whole Time Director (WTD) and Directors under Companies ACt, 2013 as amended by Companies (appointment and remuneration of managerial personnel) Amendment Rules 2018, Amended Schedule V of Companies Act, 2013 and amended section 196, 197, 198, 200 and 201 of Companies Act, 2013 as […]

Effect of Non Filing Of DIR 3 KYC 

October 3, 2018 47616 Views 2 comments Print

If Person fails to file DIR-3 KYC within due date. MCA21 system will mark all approved DINs (allotted on or before 31st March, 2018) against which DIR-3 KYC form has not been filed as ‘Deactivated’ with reasons as ‘Non-filing of DIR-3 KYC’

Directors Report on Internal Complaint Committee- Sexual Harassment of Women At Work Place

October 3, 2018 39108 Views 7 comments Print

As per Companies Act, 2013 Section 134 every company required to prepare report of Board of Directors for Financial year. Board report should contain disclosures as per Section 134 read with rule 8.

How to Surrender Director Identification Number (DIN)

October 3, 2018 126631 Views 76 comments Print

HAVING TWO DINs WHAT TO DO AND HOW TO CHECK IF ONE IS HAVING TWO DINs? This article is especially for the person who has obtained more then 1 (One) DIN at any time. We came to know that Regional Director (Noida) has issued “Show Cause Notice U/s 266G of the Companies Act, 1956” to more than 2 Lac Persons.

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