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Shailja Tiwari

Latest Posts by Shailja Tiwari

Process of Shifting of Registered Office from One State/UT to another

April 21, 2020 2478 Views 0 comment Print

A Company shall have a registered office within 30 days of its incorporation. It is the official address of the company incorporated under the provision of Companies act 2013  or under any previous company law. The procedure to change the registered office of the Company from one State or union territory  does not only involve change  […]

Section 8 Companies- A Complete Background

April 11, 2020 12615 Views 0 comment Print

Section 8 Companies (Section 25 of Companies Act 1956) , can be registered under Companies Act 2013 having a charitable purpose with limited liability but without the addition of the word ‘Limited’ or ‘Private Limited’ to its name. In India, there are basically following three forms of Non Profit organisations(NGO) registered under various Acts- Trusts […]

ICSI Auditing Standards (CSAS)

April 2, 2020 3264 Views 0 comment Print

The Auditing Standards were formulated by Auditing Standard Board of Institute of Company Secretaries of India  and issued by Council of ICSI. These Auditing Standards is effective from 01, July 2019 but on re commendatory basis , these are made mandatory from 01, April , 2020. These standards are applicable for audit by Practicing Company Secretaries. AIM […]

Compounding of offences under Company Law

March 27, 2020 5253 Views 0 comment Print

Not all offences under Section 441 of the the Companies Act 2013 can be compounded. As per 441(1) as amended by the Companies (Amendment Ordinance) 2018 dated 02.11.2018 any offence  punishable under this act (whether committed by a Company or any officer thereof) (not being an offence punishable with imprisonment only , or punishable with imprisonment and also with fine) may either before or after the institution of any prosecution be compounded.

Remedy available with disqualified director under Section 164(2)(a)

June 26, 2019 10974 Views 0 comment Print

MCA has marked large number of Directors as Disqualified by deactivating their DINs and digital signatures. These measures were taken in respect of those companies which have not filed their financial statement or annual returns with Registrar of Companies as per the provisions of Companies Act. MCA has struck off the name of Companies for […]

Guidance Note on Significant Beneficial Ownership

May 31, 2019 7980 Views 0 comment Print

MCA has replaced Significant Beneficial Rules 2018 and come up with  Companies (Significant Beneficial Ownership) Amendment Rules, 2019 on 08.02.2019 in order to curtail the misuse of various multi layered entities and protect various benami & money laundering Transactions. If the registered shareholder is not the beneficial shareholder of the company then the registered and beneficial shareholder […]

Procedure To Claim Unpaid/Unclaimed Dividend From IEPF

May 18, 2019 6048 Views 0 comment Print

Any amount transferred to Unpaid Dividend Account of the Company, which is unpaid or unclaimed for more Seven Years shall be transferred along with interest accrued, to Investor Education & Protection Fund. (IEPF) and the company shall send a statement in Form IEPF-1 the details of such transfer to the authority which administers the said Fund and […]

Clarification on E Form INC-22A also known as ACTIVE FORM

May 15, 2019 2019 Views 0 comment Print

E FORM INC-22A (Also Known As ACTIVE FORM)  MCA in order to find out Shell Companies, has amended the Companies (Incorporation) Rules, 2014 and a New E- Form INC-22A (Also known as ACTIVE – (Active Company Tagging Identities and Verification ) has been introduced vide Notification dated 21.02.2019 to ensure that the Company is active with its […]

Restoration of Name of Company Struck off by Registrar Suo Moto

May 9, 2019 2358 Views 0 comment Print

The Registrar of Companies may remove the name of a company from the register of companies in terms of section 248(1) of the Act and  shall give a notice in writing in Form STK-1 to all the directors of the company at the addresses available on record, by registered post with acknowledgement due or by speed post […]

Fast Track Merger A Complete Guide

April 30, 2019 1884 Views 0 comment Print

Fast Track Merger (Section 233)  is that Form of merger which can be carried out without complying provisions of Section 230 & Section 232 of Companies Act 2013. TYPES OF COMPANIES THAT CAN GO FOR FAST TRACK MERGERS 1. Two or more small companies, 2. Holding and its wholly owned subsidiary Company 3. Such class […]

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