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Provisions Relating to Transfer of Shares to Non- Resident

June 22, 2016 113203 Views 5 comments Print

Transfer of Shares: The price as applicable to transfer of shares from resident to non-resident as per the pricing guidelines laid down by the Reserve Bank from time to time, where the issue of shares is on preferential allotment Retention of Amount in Foreign Currency Account : Indian companies which are eligible to issue shares […]

All about Allotment of shares to Foreign Investor under FDI Regime

June 22, 2016 17515 Views 2 comments Print

The capital instruments should be issued within 180 days from the date of receipt of the inward remittance received through normal banking channels including escrow account opened and maintained for the purpose or by debit to the NRE/FCNR (B) account of the non-resident investor.

Provisions related to Funding From Company to Company

June 22, 2016 29578 Views 1 comment Print

BACKGROUND: If Promoters are starting a business (Company) or trying to grow an existing business (Company), all certainly will need money. This money can come from various sources. Source of Funding: Roughly speaking, Investments break down into two different forms: Debt and Equity. Debt Funding: Debt means money borrowed from lenders by the company and it pay the interest on that investment. Companies are required to repay the money with interest over time.

Instruments by which FDI can be raised in India

June 22, 2016 5461 Views 0 comment Print

Articles discusses instruments by which Indian Companies can raise Foreign Direct Investment in India. Details of such Instruments are as follows :- Equity Shares: The Indian Company can issue equity shares in accordance with the provisions of the Companies Act, as applicable, shall include equity shares that have been partly paid, subject to pricing guidelines/valuation norms prescribed under FEMA Regulations

Appointment of Statutory Auditor under Companies Act, 2013

June 22, 2016 217330 Views 3 comments Print

It is not mandatory to reappoint the retiring auditor even if 3 things stipulated in sub-section (9) are not attracted. The board of director may recommend any person other than retiring auditor for appointment as statutory auditor of the Company at the time of completion of term of existing auditor of the Company.

FAQs on Creation of Charges Under Companies Act, 2013

June 22, 2016 177934 Views 11 comments Print

Definition: As stated in section 2(16) “charge” means an interest or lien created on the property or assets of a company or any of its undertakings or both as security and includes a mortgage

Name Approval Process For different Types of Companies & LLP

June 22, 2016 29149 Views 0 comment Print

Section 4(1)(a): The name of the company with the last word “Limited” in the case of a public limited company, or the last words “Private Limited” in the case of a private limited company. Name should not be undesirable. Guidelines in relation to approval of name discussed separately in earlier article.

Pillars of Insolvency and Bankruptcy Code, 2016

June 22, 2016 20242 Views 0 comment Print

Even those different dates may be appointed for different provisions of this Code and any reference in any such provision to the commencement of this Code shall be construed as a reference to the commencement of that provision.

Effect of Insolvency & Bankruptcy code on Companies Act, 2013

June 22, 2016 22150 Views 1 comment Print

Insolvency & Bankruptcy code, 2016 (IBC) received the assent of president on 28/05/2016. The code has become an Act and provisions will be effective from a date to be notified. As stated in Section 255 read with schedule XI of ‘THE INSOLVENCY AND BANKRUPTCY CODE, 2016’. The Companies Act, 2013 shall be amended in the manner specified in the Eleventh Schedule.

Charge on Pledge of Assets- Legal Study

June 22, 2016 40195 Views 2 comments Print

In India, out of the over 5000 listed companies, promoters of 4274 companies had pledged all or some of their shares, according to an analysis by Securities and Exchange Board of India as quoted in the RBI Financial Stability Report. Pledge of shares has increasingly become a common practice resorted to by the corporate world to raise finances.

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