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Passing of Resolution by Circulation under Companies Act 2013 & Secretarial Standard

May 20, 2015 216357 Views 7 comments Print

As per the provisions of The Companies Act 2013 & Secretarial Standards-I issued by ICSI a company should conduct at least 1 (One) meeting in a quarter i.e. 4 (four) meetings a year (Except One Person Company). Where the company holds only 1 meeting (just complying with the mandatory requirement) in a quarter, the items/proposal which may require urgent approval & implementation would have to wait till next board meeting & this may adversely affect profitability.

Minutes of Board Meeting under Companies Act 2013 & Secretarial Standard 1

May 17, 2015 237863 Views 17 comments Print

The drafting and maintenance of minutes of meetings has traditionally and for long been a core function of the Company Secretary. Justifiably so, for, the Company Secretary doesn’t merely writes minutes, he writes history- the history of the company, the history of the corporate sector and, in a vicarious manner, of the economy and the country.

Loan From Director under Section 179(3) and 180

May 10, 2015 175941 Views 17 comments Print

The director from whom money is received furnishes to the company at the time of giving the money, a declaration in writing to the effect that the amount is not being given out of funds acquired by him by borrowing or accepting loans or deposits from others.

New features/ Options of e-form INC-29

May 1, 2015 12422 Views 12 comments Print

eForm INC-29 deals with the single application for reservation of name, incorporation of a new company and/or application for allotment of DIN. This eForm is accompanied by supporting documents including details of Directors & subscribers, MoA and AoA etc.

All about Minutes Under Section 118 of companies Act 2013

April 30, 2015 258142 Views 11 comments Print

Every company shall keep Minutes of all Board and Committee Meetings in a Minutes Book. Minutes kept in accordance with the provisions of the Act evidence the proceedings recorded therein. Minutes help in understanding the deliberations and decisions taken at the Meeting.

Certificate of Practice and related Provisions for Company Secretaries

April 27, 2015 24018 Views 1 comment Print

 CS Divesh Goyal Dear Professional Colleagues I am writing this article for the Members of Institute of Company Secretary of India. Information’s mentioned in this article taken from the Website of ICSI. GRANT OF CERTIFICATE OF PRACTICE WHO CAN BE PRACTICING COMPANY SECRETARY “PCS”?  A member of the Institute of Company Secretary of India individually […]

Investment/Loan/Guarantees/Security Under Companies Act, 2013

April 27, 2015 10002 Views 0 comment Print

Q1. Whether investment can be made in the name other than Company? No, Investment can’t be made in the name other than Company until compliance with the provisions of Section- 187 of Companies Act, 2013.

Holding & Subsidiary Company- Provisions under CA, 2013

April 27, 2015 374009 Views 35 comments Print

Many relaxations to private Company are not available to subsidiary of public Company. Many relaxations available to a private company are not applicable if that private company is subsidiary of another public Company. Thus, for all practical purpose, the private company is treated as a Public Company.

Form and Returns to be filed by LLP with ROC and Income Tax Department

April 27, 2015 34603 Views 6 comments Print

Post incorporation requirements are obligations which LLP are supposed to fulfill subsequent to incorporation. These include filing of annual returns, change of Partners/ Designated Partners, alteration in Contribution, and change of registered office.

Process for Incorporation of LLP under Companies Act, 2013

April 27, 2015 81106 Views 13 comments Print

Limited Liability Partnerships (LLPs) are commercial vehicles which combine the features of partnership and company form of business .The concept of Limited Liability Partnership (LLP) has been introduced in India by way of Limited Liability Partnership Act, 2008 (notified on 31st March 2008).

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