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Whether Dividend can be paid in kind

February 15, 2016 12780 Views 0 comment Print

Provision: As per Section 123(5) of Companies Act, 2013 Dividend not be payable except in cash. Dividend: Section 2(35) of the Companies Act, 2013 simply states that “Dividend Includes Any Interim Dividend”. Thus, the definition of dividend under the Companies Act is an inclusive definition.

Procedure for Suo Moto Closure of LLP

February 14, 2016 57666 Views 10 comments Print

In case the Limited Liability Partnership (LLP) wants to close down its business or where it is not carrying on any business operations for the period of one year or more, , it can make an application to the Registrar of Companies for declaring the company as defunct and removing the name of the LLP from […]

Fraud Reporting Under Companies Act, 2013

February 14, 2016 33233 Views 3 comments Print

[1]Financial fraud is a phenomenon that haunts everyone alike. Not only does it mean loss of an asset for the one who has been at the receiving end of a fraud, it has the capability of shaking the roots of “confidence” and “trust” that anchor a society and/or an economy. Governments and other policy makers […]

Procedure : Appointment of Managerial Personnel under CA, 2013

February 14, 2016 65509 Views 1 comment Print

As per Law, there is no compulsion for Private Company to appoint MD, WTD and Manager. As per Act Private Company can continue working without MD, WTD and manager throughout the life of company. But if Private company appoints any Managerial Personnel willingly. Then company requires to follow Section: 196 of Companies Act, 2013.

Recommendations of Companies Law Committee for Directors

February 13, 2016 1731 Views 0 comment Print

As we are aware that on 1stFebruary 2016, Ministry of Corporate Affairs uploaded the report of Companies Law Committee on its website. In this post, we will discuss recommendations of the committee for the Directors and their meetings.

Companies Law Committee recommendations on Deposits under Companies Act, 2013

February 8, 2016 1393 Views 0 comment Print

The Committee considered the suggestion for making the definition of deposit less restrictive, but felt that adequate prescriptive powers for excluding amounts received by a company from the term ‘deposit’ have been provided in the definition and no change is, therefore, required.

Recommendations of CLC for Small / Private Limited Companies

February 7, 2016 3079 Views 1 comment Print

As we are aware that on 1st February 2016, Ministry of Corporate Affairs uploaded the report of Companies Law Committee (CLC) on its website. In this post, we will discuss recommendations of the committee related to Small Companies / Private Limited Companies. Committee recommended many more new relaxations for Small Private Companies for ease of doing […]

Definitions under CA, 2013 & under proposed CLC Report

February 7, 2016 3040 Views 0 comment Print

Associate company in relation to another company, means a company in which that other company has a significant influence, but which is not a subsidiary company of the company having such influence and includes a joint venture company.

Incorporation under CA-2013 & amendment Proposed by CLC Report

February 7, 2016 1203 Views 0 comment Print

To amend 4(1)(C) to allow companies to have an option to have a more generic object clause, i.e. ‘to enlarge in any lawful act or activity or business as per the law for the the time being in force’ in the MOA

Compounding under companies Act- 2013

January 15, 2016 120369 Views 7 comments Print

The compounding provision in the Act were inserted by the Companies Amendment Act, 1988 on the recommendation of the SACHAR COMMITTEE as amended by the Companies (Amendment) Act, 2000. It was felt that leniency is required in the administration of the provisions of the Act particularly penalty provisions because a large number of defaults are of technical nature and arise out of ignorance on account of bewildering complexity of the provisions[2].

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