As stated in Section 173(2) of Companies Act, 2013 read with Rule 3 of the Companies (Meetings of Board and its Powers) Rules, 2014, The participation of directors in a meeting of the Board may be either in person or through video conferencing or other audio visual means as may be prescribed
After commencement of Companies Act, 2013 from 01st April, 2014 compliance requirement of Companies has been increased. Therefore it’s difficult for the Non-working Private Company to continue with Status of Active Company, because maintenance of company is expensive (like to Maintain a White Elephant) under companies Act, 2013 comparison to Companies Act, 1956
Under the relevant provisions of the Companies Act, 2013, provisions of closure of place of business of foreign Company in India is prescribed.
The Reduction of share capital is a delicate matter for both managerially and legally, its need to be handles with caution. Another name of reduction of share capital is internal reconstruction. Process of Reduction of share capital is first summed- up by the Hon’ble Supreme Court in Punjab Distilleries India Ltd. v. CIT, (1965) 35 Com Cases 541, 544
Under the relevant provisions of the Companies Act, 2013, offences committed under the Act entail penal consequences by way of fine, or imprisonment or both. . In this editorial, the author begins by referring the provisions of section 441 of the Companies Act, 2013
In this Flash editorial, the auditor begins by referring the powers of RBI for amendment in Regulation, 2000. The main thrust of the article, however, is upon the provisions / regulations of Foreign Direct Investment in Limited Liability Partnership
How to apply for Incorporation of Company with Foreign Subscribers, without violating the Rule 13 of the Companies (Incorporation) Rules, 2014? Solution: Rule 13 provide manner of signing of MOA & AOA. Like: in case of foreign subscribers MOA & AOA should be notary in the country of origin, apostillised, authenticated by a Diplomatic or Consular Officer empowered, which is not possible in case of e-MOA and e-AOA. Because an electronic form can’t be notarized, appltillized etc.
The SPICE form was introduced with a function to prepare e-Moa & e-Aoa (Electronic MOA/ AOA). This facility is first time providing by the Ministry in the history of India for Incorporation of Company via this attribute there is no opportunity to prepare the manual MOA & AOA and no option to physically sign the MOA & AOA by subscribers and witness
W.e.f. 15.12.2016 matters of Compromises, Arrangements & Amalgamations by Companies will be dealt under Companies Act, 2013 & rules
Merger is a restructuring tool available to Indian conglomerates aiming to expand and diversify their businesses for various reasons whether it is to gain competitive advantage, reduce costs or unlock values.
