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No additional fees upto 31st August, 2021 on forms under Companies/LLP Act

June 30, 2021 2118 Views 0 comment Print

No additional fees upto 31st August, 2021 on forms under Companies /LLP Act due for filing during 1st April, 2021 to 31st July, 2021. The Ministry of Corporate Affairs (‘MCA’) vide today General Circular No. 11/2021 dated 30.06.2021 has extended the time given under earlier General Circular No. 06/2021 dated 03.05.2021. By today General Circular […]

No restriction on any agenda for Board Meeting through video conferencing

June 27, 2021 18285 Views 0 comment Print

Ministry of Corporate Affairs (‘MCA’) has, vide its recent Notification No. GSR 409(E) dated June 15, 2021, notified the amendment in Companies (Meetings of Board and its Powers) Rules, 2014. By the said amendment,Rule 4 has been permanently deleted. Please note that Section 173 of Companies Act, 2013 (‘CA, 2013’) allows to hold Board Meeting […]

Right Issue Vs. Preferential Allotment under Companies Act, 2013

June 26, 2021 40245 Views 0 comment Print

Comparison between Issue of shares on Right Basis (Right Issue) and Issue of shares on Preferential Basis (Preferential Allotment through Preferential Offer) under Companies Act, 2013 Issue of share on Rights Basis and issue of shares on Preferential Basis are covered under Section 62 of the Companies Act, 2013 and Companies (Share Capital and Debentures) Rules, 2014 and […]

Residential Status of people unable to leave India due to COVID-19

June 23, 2021 18000 Views 4 comments Print

Indian Government has issued a Circular No. 2 of 2021 dated 3rd March, 2021 (Circular 2021) for determination of residency of individuals for the current tax year (PY 2020-2021) for individuals who were forced to remain in India due to suspension of international flights in light of the Novel Corona Virus (COVID-19). Circular 2021 comes […]

Strike off the name of LLP Voluntarily along with formats

June 20, 2021 63735 Views 3 comments Print

An LLP is required to file certain mandatory returns whether it does the business or not. Non-filing of due returns will attract penalties and prosecution under the LLP Act and the Designated Partners are liable to face the same action. The penalty for LLPs defaulting in filing of any statutory return is Rs.100 per day, without […]

No need to file ADT-1 in case of appointment of first auditor of company

June 3, 2021 59079 Views 1 comment Print

E-Form ADT-1 is required to be filed pursuant to Section 139 and 140 of the Companies Act, 2013 (‘CA, 2013’) and pursuant to Rule 4(2) of the Companies (Audit and Auditors) Rules, 2014. It is notable that the first Auditor shall be appointed in the company by Board of Director under Section 139(6) or 139(7) […]

ECB Loan Agreement [Sample]

June 3, 2021 15312 Views 1 comment Print

(Loan Agreement should be dully signed and executed by all parties as per the State Stamp Act and agreement should be notarized as well) The undersigned: (Borrower) _______________________Hereinafter referred to as “the Borrower” And (Lender) __________________________Hereinafter referred to as “the Lender” Whereas: The Lender, as the Foreign Equity Holder of the Borrower’s company and holding […]

ECB end-use restrictions for all eligible borrowers

May 31, 2021 20895 Views 1 comment Print

With the objective of promoting ease of doing business in India, the Reserve Bank of India (RBI) has simplified and liberalised the erstwhile framework on external commercial borrowings/foreign currency denominated loans and the rupee denominated loans by notifying the Foreign Exchange Management (Borrowing and Lending) Regulations, 2018 (ECB Regulations) issued vide Notification No. FEMA 3 (R)/2018-RB […]

Claim gets extinguished once Resolution Plan accepted by NCLT

May 13, 2021 4920 Views 0 comment Print

The claim would get extinguished once the Resolution Plan was accepted by the National Company Law Tribunal [Ref: Sirpur Paper Mills Limited vs. I.K. Merchants Pvt. Ltd. dated 07th May, 2021] We are regularly seeing lots of changes by way of amendments, ordinances and judgments in the Insolvency and Bankruptcy Code, 2016 (hereinafter the ‘IBC’) in […]

Pre-packaged Insolvency Resolution Process develops first time in India

May 10, 2021 2496 Views 0 comment Print

I hope that you all are aware about the Ordinance i.e. Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021 which has been come into effective at once, promulgated by President on 4th April, 2021.This Ordinance amends the Insolvency and Bankruptcy Code 2016 (‘IBC or Code’) to allow the Central Government to notify such pre-packaged process for […]

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