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Madhavi Lakhotia

Latest Posts by Madhavi Lakhotia

Disclosure Requirements by Companies for Sexual Harassment Complaints

April 1, 2022 10116 Views 0 comment Print

In 1997, there was no law pertaining to sexual harassment at workplace, the Hon’ble Supreme Copurt relied upon International Conventions and norms which played a significant role in the interpretation of gender equality, right to work with human dignity under Articles 14, 15, 19(1)(g) and 21 of the Constitution and stated that the safeguards against sexual harassment are implicit under the aforementioned Articles.

Corporate Social Responsibility Rules 2021 – Compliance Checklist

March 3, 2021 22935 Views 1 comment Print

♦ Section 135 r/w Schedule VII of the Companies Act, 2013 (2013 Act) introduces the concept of Corporate Social Responsibility (CSR) as a statutory obligation of companies. Further, Companies (Corporate Social Responsibility Policy) Rules, 2014 (CSR Rules 2014) deal with the CSR norms in detail. Vide notifications and/or amendments, more activities have been added to […]

Revised Core Investment Companies (CIC) Guidelines – August 2020

October 15, 2020 4662 Views 0 comment Print

The RBI Committee was formed under former Corporate Affairs Secretary, Mr. Tapan Ray to suggest a new regulatory and supervisory framework in light of the bust up of IL&FS in 2018. IL&FS was declared insolvent in September 2018 after it failed to honour its debt which was distributed among its 347 group companies. The complex […]

Withdrawal of Provident Fund

September 23, 2020 43458 Views 1 comment Print

WITHDRAWAL OF PROVIDENT FUND Employee Provident Funds Scheme, 1952 Chapter VIII of the Employees’ Provident Funds Scheme, 1952 provides the purposes for which Provident Fund (PF) can be withdrawn by the member employee, such as: Para 68 B/BB/BC Housing Loan/ Purchase of site/House/Flat or for construction/ Addition, alteration in existing house/Repayment of Housing loan Para […]

Disqualification, Liability & Penal Consequences for Company Directors

August 22, 2020 12168 Views 1 comment Print

Disqualification, Personal Liability and Other Penal Consequences for Directors of a Company Disqualification of Directors as per Companies Act Ineligibility Of Being Appointed As A Director Section 164 of the Companies Act, 2013 prescribes certain conditions which make a person ineligible for appointment as a Director in any company. As per Sub-section (1) of this […]

Maintenance Charges & Law on Payment of Interest under RERA

August 22, 2020 107187 Views 17 comments Print

MAINTENANCE CHARGES AND THE LAW ON PAYMENT OF INTEREST MAINTENANCE CHARGES AND INTEREST Real Estate (Regulation and Development) Act, 2016 1. Maintenance charges involve a contractual element between the buyer and the developer. It is included in the allotment letter, initially issued to the buyer after he has paid the booking amount. 2. Every housing […]

Buyback of Shares under Section 68 of Companies Act, 2013

May 20, 2020 173469 Views 7 comments Print

-Section 68 of the Companies Act, 2013 empowers a company to purchase its own shares or other securities in certain cases. -Sections 68 to 70 of the Companies Act, 2013 and Rule 17 of the Companies (Share Capital and Debentures) Rules, 2014 deal with buy-back of shares. 1. Sources of Buy-Back: A company may purchase […]

Regulatory, Certifying And Licensing Authority In India

May 20, 2020 6342 Views 0 comment Print

A Regulatory agency is a public authority or government agency responsible for exercising autonomous authority over some area of human activity in a regulatory or supervisory capacity. Regulatory Agencies are either set up under a statute or derive their powers from a statute and the rules laid thereunder. For instance, Reserve Bank of India (RBI), […]

Procedure of Incorporating a Company through SPICe-32

May 19, 2020 14334 Views 0 comment Print

SELECT THE TYPE OF COMPANY Section 3(1) of the Companies Act, 2013 provides that a company may be formed for any lawful purpose by: 1. Seven or more persons, where the company to be formed is to be a public company; 2. Two or more persons, where the company to be formed is to be […]

Procedure for Obtaining Status of Dormancy ‘Dormant Company’

May 19, 2020 64254 Views 8 comments Print

1. Introduction As per Section 455 of Companies Act 2013, where a company is formed and registered for a future project or to hold an asset or intellectual property and has no significant accounting transaction, such company or an inactive company may make an application to the Registrar for obtaining a status of the dormant […]

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