On Monday, 06th August 2018, the Honourable Supreme Court has stayed Bombay High Court Interim Order for granting relief to Disqualified Director by admitting Special Leave Petition by Ministry of Corporate Affairs.
Provisions regarding Dormant Company has been given in Section 455 of Companies Act, 2013 read with Rule 3 to 8 of Companies (Miscellaneous) Rules, 2014 under Chapter XXIX.
MCA has issued an order on 18.05.2016 clarifying the commencement of section 2(29), sections 435 to 438 and 440 of Companies Act, 2013. Section 2(29) court means— (i) the High Court having jurisdiction in relation to the place at which the registered office of the company concerned is situate, except to the extent to which jurisdiction has been conferred on any district court or district courts subordinate to that High Court under sub-clause (ii);
After a company becomes listed company, there are also regulations that govern the delisting of shares of the Company from one or more recognized stock exchanges. To delist means permanent removal of securities of a listed company from a stock exchange. As a result, the securities of that company would no longer be tradable at […]
Committees have an important role to play in company governance. A Board can set up committees with particular terms of reference when it needs assistance or when any issue requires more attention. They can be set up for specific purpose or to deal with general issues. They can be established on a Short term or temporary basis or may be formed on a permanent basis.
At the commencement of Companies Act, 2013, Ministry of Corporate Affairs released many rules on the Act. Various new forms are prescribed for the purpose of the Act and Rules made thereunder. Some of them are e-forms to be filed by the Companies and/or other responsible person(s) with the Registrar of Companies and some are specific formats that are required to be complied in the said format as per the provisions of the Companies Act, 2013.
The law poses various obligations to be discharged by the Companies , Directors, Managers and other Officials. Non-compliance of such obligations attracts punishment which may be imprisonment and/ or fine/ penalty. The new Companies Act, 2013 has come up with more stringent punishment and penalties for the non- compliance of various provisions of and rules under the Act as compared to the former Companies Act, 1956.
SECRETARIAL STANDARD -1 [Meetings of Board of Directors]:- This Secretarial Standard is applicable on all the Companies except One Person Company. Besides, meeting of the Board of Directors, the standard is also applicable on meeting of the Committee(s) of the Board unless otherwise stated by any other applicable guidelines, rules and regulations.
