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Cs Tejas Patel

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Rule 8(b) of Companies (Significant Beneficial Owners) Rules, 2018 – An Illustrative Analysis

October 13, 2021 5925 Views 0 comment Print

Rule 8(b) provides a relaxation to a reporting company which prima facie required to comply with the requirements of Companies (Significant Beneficial Owners) Rules, 2018 (hereinafter referred to as “SBO Rules”), but if Rule 8(b) is applicable, then despite such company having a clearly identifiable SBO, shall not be required to file particulars of such SBO in Form BEN-2.

INC-22A – A Legacy of Legal Jeopardy !!

April 13, 2021 1455 Views 0 comment Print

Today, it has been more than two years since sub-section (9) of Section 12 in the Companies Act, 2013 was added and also to the introduction of e-Form INC-22A what we call as an ‘ACTIVE Form’ and still the comedy of errors continues to be with companies. We have been seeing companies still standing as […]

Effect of new Rule 12A – Companies (Share Capital and Debentures) Rules, 2014

February 13, 2021 10212 Views 0 comment Print

Companies (Share Capital and Debentures) Amendment Rules, 2021 In the light of ‘Ease of Doing Business (EODB)’ several amendments are being made to the legislative framework for corporates by the Ministry of Corporate Affairs. In the same spirit MCA has notified Companies (Share Capital and Debentures) Amendment Rules, 2021, making it easier for the companies […]

Annual Compliances And One Person Company

February 12, 2021 2511 Views 0 comment Print

Annual Compliances: All companies are required to file annual financial statements and annual returns to ROC, no one is relaxed from the annual compliances, even a One Person Company is required to comply with it. Apart from filing of financial statements and annual return, OPC companies also need to comply with several other provisions, like […]

Defectiveness In The Office of Additional Directors

January 29, 2021 9627 Views 2 comments Print

During the year 2020, due to the outbreak of COVID-19, one of the issues in abiding by the Companies Act, 2013 (Act) has emerged unprecedentedly because the circumstances were so crucial that very few people were able to have noticed the issue. As we all know, the ROCs have allowed a blanket extension of AGMs […]

Disqualification, Striking off And Cancellation of DIN

December 24, 2020 14898 Views 0 comment Print

In 2017, in order to eliminate the shell companies from the system, the Ministry of Corporate Affairs initiated a ‘striking-off’ drive whereby the Registrar of Companies had exercised its powers under Section 248 to strike off the name of the Companies “defunct” and thereby marking their Directors disqualified also cancelled their DINs. Since this move […]

Extension of AGM, CFSS & Filing of Financial Statements & Annual Returns- Clarification

December 19, 2020 35121 Views 13 comments Print

Clarification And Impact Regarding Extension of AGM, CFSS And Filing of Financial Statements & Annual Returns In order to provide relaxation in compliance of various provisions of the Companies Act, 2013 due to the outbreak of Coronavirus, the Ministry of Corporate Affairs had extended the Companies Fresh Start Scheme, 2020 and the LLP Settlement Scheme, […]

FAQs on MCA notifications for web link of Annual Return

August 30, 2020 39081 Views 9 comments Print

FAQs on MCA Notification for Web Link of Annual Return and Companies (Management & Administration) Amendment Rules, 2020 1. What are the effective dates of the amendment of Section 92(3) and the  Companies (Management and Administration) Amendment Rules, 2020? Ans. Both the notifications are effective from 28th August, 2020. 2. What is the effect of […]

Managerial Personnel – A Legal Perspective (Part- 1)

August 10, 2020 4815 Views 0 comment Print

MANAGING DIRECTOR/WHOLE TIME DIRECTOR/MANAGERS In today’s highly volatile and dynamic business environment the need of professional business managers or corporate runners is the key to achieve desired growth. In a country like India, where the traditional way of family business had become a culture and even the corporate form of business were also being managed […]

Interpretational aspects of Holding and Subsidiary and Consolidation of Financial Statements

January 23, 2020 18333 Views 3 comments Print

The concept of Consolidation of Financial Statements, in general understanding means any Holding Company has to prepare Consolidated Financial Statements in relation to its Subsidiary, although the Companies (Amendment) Act, 2017, w.e.f 7th May, 2018 extended the consolidation to include “associate companies” also. But in general understanding consolidation was meant for Holding and Subsidiary.

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