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Vinit Nagar

Latest Posts by Vinit Nagar

Jurisdiction of NCLT under the Companies Act, 2013

June 5, 2020 19512 Views 0 comment Print

The National Company Law Tribunal (NCLT) is a quasi-judicial body in India that adjudicates issues of Indian Companies. NCLT was established underneath the Companies Act 2013 and was set up in June 2016  and is founded on the advice of the V. Balakrishna Eradi committee on law relating to the insolvency and the winding up […]

Why conversion of Public Limited Company should not be considered as Back Step

May 6, 2020 1725 Views 0 comment Print

The following are the provisions of the Companies Act, 2013 which are either not applicable to Private Limited Companies or certain provisions of the Companies Act are applicable to such companies with exceptions, modification and adaptions.

Why Struck off Company must Opt for Restoration Immediately

April 20, 2020 3294 Views 6 comments Print

Many of the defaulting Companies have been marked as ‘Struck-Off’ by the Registrar just because of non-filling of annual compliance based returns either since incorporation or for last two preceding financial years and out of many such Companies, few of which are carrying on its operations but the fact that the name of their Company is no more exists on records of Registrar is neither known to its Promoters nor even their shareholders are aware of this fact and they generally notice when the Bank A/c of such Companies get freeze and directors get disqualified.

Fresh start over a Clean Slate – CFSS-2020

April 13, 2020 987 Views 1 comment Print

Fresh Start Covid-19 if taken positive then this Circular dated 30th March, 2020 from the Ministry of Corporate Affairs must be the first one to note down on a plain paper specially by every Defaulting Companies and those Companies whose name has been struck off by the Registrar of Companies due to non -filling of […]

CSR- A Genuine need of this time

March 30, 2020 1704 Views 0 comment Print

India is the only Country in entire world which has made spending towards CSR mandatory for certain categories of Companies and now considering the present condition where the widely spread novel Corona Virus has already impacted the entire nation

Certain crucial reporting under Auditor’s Report

March 29, 2020 9525 Views 1 comment Print

There are certain provisions in the Companies Act, 2013 which every auditor is required to report with due and reasonable care considering the impact of such provisions over the Company’s Shareholder and Creditors and also looking after the consequences of its misreporting. In this regards the below stated provisions of the Companies Act, 2013 and its relevant Rules are always considered crucial at the time of reporting and these are:

Information Utility & lodgment of Default under IBC, 2016

March 29, 2020 5172 Views 0 comment Print

Vinit Nagar, FCS Under the Insolvency & Bankruptcy Code, 2016 it is always very crucial for the Adjudicating Authority and the Insolvency  Professionals to identify the reasonableness of default, dispute and other financial information of Debtor such as records of its debt, liabilities at the time of his solvency, assets over which the security interest […]

Adjudication of Penalties under Companies Act, 2013 | Section 454

March 29, 2020 7680 Views 1 comment Print

The Companies (Amendment) Act, 2019 has already re-categorized several offences under the Act in the category of compoundable offences to an in-house adjudication framework. Now, these offenses are presently punishable with penalty, instead of being punishable with fine or imprisonment or with both.

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