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Chairman of a Company or Board- A prospective

December 9, 2019 114747 Views 1 comment Print

Introduction Unless otherwise provided in the Articles of Association of the Company, the Companies Act, 2013 (‘CA, 2013’) and Listing Regulations, 2015 do not explicitly lay down provisions mandating the appointment/election of a permanent Chairperson of the Board. However, section 104 of the CA, 2013 provides that either the Chairperson of the Board, or the […]

DIR-3KYC/KYC-WEB

December 9, 2019 13653 Views 0 comment Print

The Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2019 came into force w.e.f 25th July, 2019 to amend the provisions related to KYC of directors. Following are the detail procedure :-   1. For those who had filed DIR-3-KYC once. Those directors  who holds DIN and had filed DIR-3KYC only needs to file […]

Appointment of Small Shareholders’ Director- An analysis

December 9, 2019 7899 Views 4 comments Print

Who is a small shareholder: Small shareholder means a shareholder holding shares of nominal value of not more than Rs. 20,000/- (Rupees Twenty Thousand Only) or such other sum as may be prescribed. Objective: In order to protect interest of small shareholders. Provisions: Section 151 of the Companies Act, 2013 (hereinafter refer as “the Act”) […]

Online Examination by Independent Director – A prospective

December 7, 2019 1851 Views 0 comment Print

Requirement by Independent Directors of inclusion of their names in the data bank of Indian Institute of Corporate Affairs, Manesar and clearance of Proficiency Test The Companies (Appointment and Qualification of Directors) Fifth Amendment Rules, 2019. The Ministry of Corporate Affairs/the Central Government, vide its notification dated October 22, 2019, has amended the Companies (Appointment […]

Rotation of Statutory Auditors

December 7, 2019 144069 Views 3 comments Print

Meaning of appointment: Appointment includes re-appointment. Term: Term means a period of five consecutive years Transition Period: Three years from the commencement of Companies Act, 2013 and rules there under applicable for companies which would otherwise had been complying with rotation rules in erstwhile act. Cooling Period: Five years from the date on which the […]

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