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Audit Committee in terms of Companies Act, 2013 vs. SEBI (LODR) 2015

May 18, 2021 4272 Views 0 comment Print

Sec 177 r/w Rule 6 of companies (Meeting of Board & its Power) Rules 2014: The Board of directors of following companies are required to constitute an Audit Committee of the Board- 1. All listed public companies;[1] 2. All public companies with a paid up capital of Rs. 10 Cr or more.; 3. All public […]

Advance Tax Payment under Income Tax Act of 1961 in brief

May 18, 2021 3702 Views 0 comment Print

Advance Tax payment is must for certain tax payers in India. In fact here, the reality is that taxes are required to be paid in advance, i.e. ‘pay as you earn’ and not at the end of year. This scheme refers to paying most part of the taxes during the financial year itself to ensure […]

Different kinds of Meetings under Companies Act of 2013

May 17, 2021 370626 Views 1 comment Print

Meeting is not defined under any provisions of Companies Act of 2013, but taking references from common business and market parlance and also from some of the decided case laws like Sharp vs. Dawes, as decided in 1971, and through citations of various renowned authors, we can gather that a ‘Company Meeting’ is basically coming […]

Powers of NCLT as per Companies Act of 2013

May 17, 2021 16590 Views 0 comment Print

The National Company Law Tribunal possesses the following powers in its hand: 1. To Modify or Supervise scheme of Compromises or Arrangements: Supervision generally starts when the scheme of Compromise & Arrangement is accepted and even during and after its implementation too, NCLT has powers to pass reasonable order. Castron Technologies Ltd. vs. Castron Mining […]

Majority Rule & Minority Protection under Companies Act, 2013

May 16, 2021 66468 Views 0 comment Print

FOSS VS. HARBOTTLE (Hereinafter referred as Foss rule) Facts: F and T, two shareholders of a company brought an action on behalf of themselves and all other shareholders against directors and solicitors of company, alleging that Directors and solicitor’s carried illegal transaction thereby causing losses to the company. The transactions were fraudulent and illegal whereby […]

SEBI’s scope in detecting ‘Unfair Offences’ and ‘Insider Trading’

May 15, 2021 1704 Views 0 comment Print

In this timeline, SEBI has tried to incorporate various global and internationally acclaimed principles within its regulation which has constantly enhanced the efficiency and integrity in securities market here and catapulted it into a global platform.

Role of SEBI in protecting Investors

May 15, 2021 25815 Views 3 comments Print

Investors are the pillar and skeleton of securities market and their protection is the paramount consideration of SEBI. The rule of Caveat Emptor, ‘Let the Buyer Beware’ is though applicable in business laws, but can’t be applied blindly in capital market scenario since the financial products of investment here are not in form of some […]

Differences between Rights Shares and Bonus Shares

May 14, 2021 12624 Views 0 comment Print

Basis of Distinction: Governing Sections: 1. Rights Shares: u/s 62 of Companies Act of 2013 2. Bonus Shares: u/s 63 of Companies Act of 2013 Meaning: 1. Rights Shares: Issue of further shares to the already existing shareholders of the company in ratio of the proportion of their holdings at discounted price. 2. Bonus Shares: […]

Difference between Shareholder & Director under Companies Act, 2013

May 13, 2021 39684 Views 1 comment Print

Shareholders are known as the real owners of the company that own equity shares issued by a particular company, whereas Directors on the other hand are the individuals who are elected to actually act as the representatives of such shareholders by establishing and implementing policies and decisions and act in the best interests of such […]

Mooting of ‘Person-in-Control’ over ‘Promoter’- Looking through SEBI’s proposal

May 13, 2021 1176 Views 0 comment Print

Pursuant to the SEBI (Issue of Capital and Disclosure Requirements) Regulations of 2018, SEBI on 11th May, 2021 came up with a consultation paper seeking public comments and reviewing the current situation concerning: Promoters, Promoter Group and Group Companies. And in continuation to the same, it has garnered following proposals for which it has sought […]

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