Company Law India: Read latest Company law news & updates, acts, circular, notifications & articles issued by MCA amendment in companies Act 2013. Article on Loans Company formation XBRL, Schedule VI IFRS.
Company Law : Understand if Form SH-7 is required during the conversion of CCPS to equity shares under the Companies Act, 2013, based on the aut...
Company Law : Learn about Section 203 of the Companies Act, its applicability to private companies, key provisions, and exceptions for companies...
Company Law : Understand stamp duty rules on share transfers in demat form for private limited companies. Covers legal framework, rates, respons...
Company Law : Learn about share capital reduction under Section 66 of the Companies Act 2013, its process, financial impact, and implications fo...
Company Law : Learn about Class Action Suits under Section 245 of the Companies Act, 2013, protecting minority shareholders from oppression and ...
Company Law : The Government acknowledges MCA-21 glitches, highlights improvements, ensures data security, and implements new features for bette...
Company Law : The Indian government has reduced reporting forms for companies on unclaimed dividends and integrated fund transfers with Bharatko...
Company Law : MCA21 portal saw 80.26 lakh form filings between April 2024 and January 2025, showcasing improved security, user experience, and s...
Company Law : Summary of NFRA's audit quality inspection of Lodha & Co., highlighting key deficiencies in audit documentation, independence poli...
Company Law : NFRA's 2023 inspection of M/s BSR & Co. LLP highlighted improvements in audit practices, independence policies, and documentation ...
Company Law : NCLAT Delhi held that trusteeship deeds are generally signed between the trust on behalf of the lenders and the personal/ corporat...
Company Law : NCLAT Delhi held that CoC decision to liquidate the Corporate Debtor is acceptable as corporate debtor has no assets and thus CIRP...
Company Law : Delhi HC examines NFRA's jurisdiction in issuing show-cause notices to Engagement Quality Control Reviewers (EQCRs) under Section ...
Company Law : The view that NCLT had no jurisdiction to entertain Section 95 Application filed by the Financial Creditor and the Application oug...
Company Law : NCLAT Delhi held that as per expressed provisions of section 101(1) of the Insolvency and Bankruptcy Code, 2016 moratorium period ...
Company Law : Infracx Developers Pvt Ltd penalized for delayed INC-20A filing under Section 10A of the Companies Act, 2013. Total penalty: ₹43...
Company Law : Godrej Tyson Foods Ltd. penalized for failing to appoint a woman director under Section 149(1) of the Companies Act. Penalty inclu...
Company Law : NFRA imposes Rs. 5 lakh penalty and 5-year debarment on CA Neeraj Bansal for professional misconduct during Religare Finvest Ltd's...
Company Law : MCA penalizes Chandrabangshi Nidhi Ltd for violating Section 118(1) of the Companies Act, 2013, due to failure to maintain meeting...
Company Law : United Technologies faces penalties for non-appointment of company secretary under the Companies Act, with fines for company and d...
One of the provisions of Companies Act, 2013 (Act 2013/Act) which has almost got sleepless nights to all as we are approaching 31st March is the provisions of section 74. With the introduction of section 74 which was notified on April 01, 2014, any deposit accepted by a Company had to be repaid in terms of section 74 (1). But are all the companies in a position to do it? What if the companies cannot repay? Below we discuss the shortcomings faced by companies for complying with section 74.
Stakeholders have sought clarifications as to whether amounts received by private companies from their members, directors or their relatives prior to 1st April, 2014 shall be considered as deposits under the Companies Act, 2013 as such amounts were not treated as ‘deposits’ under section 58A of the Companies Act, 1956 and rules made thereunder.
The procedure for Incorporation of is as follows:- 1. Obtain Digital Signature- The Subscriber applying for availability of name and the proposed Directors need to have DSC. AS per Ministry of Corporate Affairs Class-II DSC is required for e-Filings under MCA21. 2. Obtain DIN- As envisaged under section 153 an individual intending to become Director needs to obtain DIN. For obtaining DIN e-form DIR-3 has to be filed which has to be certified by a practicing professional.
Gurminder Dhami Introduction With the dawn of Companies Act, 2013 which strives towards shareholders activism, the shareholders now have an option to cast their vote electronically. The intention is to provide the shareholders opportunity to have their say at the general meeting of a company without even being present at the same. The rules relating […]
CS Divesh Goyal Deposits are crucial Topic under Companies Act, 2013. As the month of March is on its end, most of the companies which have taken loan earlier under the companies act 1956 and have filed DPT-4 in this Financial year declaring that the companies has such and such amount of deposits as on […]
New Company law puts a complete prohibition on grant of loans to Directors and persons in which such directors are interested except a few exceptions. Further the section is applicable on all types of companies, be private or public. Section 185 prohibits the granting of loan or giving of guarantee or providing any security in connection with any loan taken by the director or such other person in which such Director is interested.
REPAYMENT OF DEPOSIT: As per Section 74(1)(b) Every company which have deposit as on 1st April, 2014 or filed DPT-4 for deposits have to repay within one year from such commencement (31st March, 2015) or from the date on which such payments are due, whichever is earlier.
The procedure to close down is dealt with by section 560 of the Companies Act’1956. The sections which deal with the closure of companies under the Companies Act’2013 have not yet been notified therefore the procedure to be followed is that given in section 560 of Companies Act’1956.
Only a private company can be classified as a small company. Holding company, subsidiary company, charitable company and company governed by any Special Act cannot be classified as a small company.For a small company, both conditions to be fulfilled the paid up capital should not exceed Rs. 50 Lac or the turnover as per last statement of profit & loss should not exceed Rs. 2 Crore.
1) RESOLUTION: As per section 117 every Company shall file resolution and agreement with ROC in MGT-14 within 30 days from the date passing of such resolution. We can divide in four category of such resolution which to be file with ROC:- i) Resolution which is prescribed under section 117(3) ii) Resolution which is prescribed under section 179(3) iii) Resolution which is prescribed under Companies Rule 8(5) of (Meeting of Board and its Power) Rule,2014
