Company Law

DPT-3 (One Time Return & Annual Return)- FAQs

The Ministry of Corporate Affair vide its notification dated January 22, 2019 had directed to all the Company, except government company, to file: – a one-time return in e-Form DPT-3, by furnishing the details of all outstanding receipt of money or loan taken from April 01, 2014 to March 31, 2019, which is not considered […]...

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Incorporation of Company- Analysis of Provisions

An application for registration of a company shall be filed, with the Registrar within whose jurisdiction the registered office of the company is proposed to be situated, in Form No.INC-32 (SPICe) along with the fee as provided under the Companies (Registration offices and fees) Rules, 2014;...

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Form DPT-3 and the related Compliances

MCA vide its general circular 05/2019 dated 12th April, 2019, clarified that now Companies are required to file data with regard to exempted deposits up to 31st March, 2019 (as opposed to the publication of earlier notification date i.e 22nd January, 2019). Now, Companies are required to file data of exempted deposits for the period of...

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MCA raises curtains on Significant Beneficial Owner (SBO) rules

Amendments in Section 89 & 90 was one of the major amendments brought in by the Companies Act, Rules 2017 after considering the practical challenges in these Rules amended the provisions of SBO Rules through its notification dated February 8, 2019 through notification, has enforced the amended provisions of Section 90 of the Companies A...

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Acceptance of Deposits by Companies From Members

Companies generally raise funds through issue of equity or preference shares, debentures, and commercial papers and inter corporate loans. Deposits are also one of the sources available to a company to raise funds to meet the short term or long term requirements of the company. In order to protect the interest of the depositors and [&hell...

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Text of Charge sheet Filed by SFIO against IL&FS

That during investigation it was revealed that IL&FS  Financial Services Ltd. (hereinafter as 'IFIN') is one of the subsidiary companies of the IL&FS Group, whose investigation has also been ordered by MCA as stated above....

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File ACTIVE (INC-22A) till 15th June 2019, No further extension: MCA

Please note that last date for filing ACTIVE (INC-22A) expires on 15th June 2019 and no further extension would be provided. In case ACTIVE is not filed on or before the said date, the compliance status for such companies shall be marked as ‘ACTIVE Non-compliant’ and Directors of such ‘ACTIVE non-compliant’ companies shall be mark...

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Clarification on the usage of MCA Corporate Database

Press Information Bureau Government of India Ministry of Statistics & Programme Implementation 30 MAY 2019 4:45PM by PIB Delhi National Accounts Statistics: A clarification on the usage of MCA Corporate Database 1. This press release is being issued to clarify on the recent media reports on the usage of corporate sector database (Mini...

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Brief notes on ROC forms for Registration of Charges

This is a brief note on the forms introduced by MCA under Chapter VI Registration of Charges and Rules thereto which includes Form CHG-1, Form CHG-2, Form CHG-3, Form CHG-4, Form CHG-5, Form CHG-6, Form CHG-7, Form CHG-8 and Form CHG-9 vide Companies (Registration of Charges) Rules, 2014 as amended by Companies (Registration of Charges) [...

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ICSI Guidance Note on Report of Board of Directors

The Board’s Report is an important means of communication by the Board of Directors of a company with its stakeholders. The Board’s Report provides the stakeholders with both financial and non-financial information, including the performance and prospects of the company, relevant changes in the management and capital structure...

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Not to count Voting % of absent Financial Creditors to count voting shares: NCLAT

IDBI Bank Limited Vs Mr. Anuj Jain (National Company Law Appellate Tribunal) - IDBI Bank Limited Vs Mr. Anuj Jain (National Company Law Appellate Tribunal) As the voting is on, which is likely to be completed today by 5.00 p.m., we are not inclined to pass any specific order in the present I.A. No. 1857 of 2019 filed by the ‘IDBI Bank Limited’. After voting the decision if...

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NCLAT order allowing re-opening of books and re-casting of financial statements of IL&FS valid: SC

Hari Sankaran Vs Union of India & amp (Supreme Court of India) - Hari Sankaran Vs Union of India & amp (Supreme Court of India) Civil Appeal No. 3747 of 2019 titled Hari Sankaran vs. Union of India & Others filed by Ex-Director of Infrastructure Leasing & Financial Services Limited before the Apex Court has been dismissed by the Hon’ble Cour...

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NCLAT directs Liquidator’ to proceed in accordance with law

S.C. Sekaran Vs Amit Gupta & Ors. (NCLAT) - S.C. Sekaran Vs Amit Gupta & Ors. (NCLAT) Learned counsel appearing on behalf of the ‘Liquidator’, on instructions from the ‘Liquidator’, who is present, submits that the ‘Liquidator’ will ensure that both the companies remain going concern and if so necessary, he will take appropria...

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Company law not Stipulate any period for completion of Serious Fraud Investigation

Serious Fraud Investigation Office Vs Rahul Modi and Another Etc. (Supreme Court of India) - SFIO Vs Rahul Modi (Supreme Court of India) 1. Leave granted. 2. These Appeals challenge the correctness of the common interim order dated 20.12.2018 passed by the High Court of Delhi at New Delhi in Writ Petition (Crl.) Nos.3842 and 3843 of 2018. 3. In exercise of powers conferred by Section 212(1)...

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Statutory dues for taxes is Operational Debt: NCLAT

Pr. Director General of Income Tax Vs M/s. Synergies Dooray Automotive Ltd. & Ors. (NCLAT, Delhi) - Pr. DGIT Vs M/s. Synergies Dooray Automotive Ltd. & Ors. (NCLAT, Delhi) ‘Operational Debt’ in normal course means a debt arising during the operation of the Company (‘Corporate Debtor’). The ‘goods’ and ‘services’ including employment are required to keep the Company (‘Corporat...

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Companies (Incorporation) Sixth Amendment Rules, 2019

Notification No. G.S.R. 411(E)-Company Law - (07/06/2019) - Companies (Incorporation) Sixth Amendment Rules, 2019– MCA notifies new Form No. INC-32 (SPICe form) Application for grant of License to an existing company under section 8 vide notification No. G.S.R. 411(E) dated 7th June, 2019. MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, the 7th J...

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MCA amends Schedule VII of Companies Act, 2013

G.S.R.390(E). - (30/05/2019) - Central Government hereby makes the following further amendments to Schedule VII of the said Act, namely:- In the said Schedule VII, after item (xi) and the entries relating thereto, the following item and entries shall be inserted, namely:-...

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NFRA (Meeting for Transaction of Business) Rules, 2019

G.S.R. 377(E) - (22/05/2019) - MCA notifies National Financial Reporting Authority (Meeting for Transaction of Business) Rules, 2019 vide notification dated 22 May, 2019. GOVERNMENT OF INDIA MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, 22 May, 2019 G.S.R. 377(E). In exercise of the powers conferred by sub-section (10) of...

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Directors of company required to file e-form ACTIVE: MCA

F. No. 1/22/2013-CL-V [G.S.R. 368(E)] - (16/05/2019) - Companies (Appointment and Qualification of Directors) Second Amendment Rules, 2019 Rule 12B. Directors of company required to file e-form ACTIVE.- (1) Where a company governed by Rule 25A of the Companies (Incorporation) Rules, 2014, fails to file the e-form ACTIVE within the period specified there...

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Recent Posts in "Company Law"

DPT-3 (One Time Return & Annual Return)- FAQs

The Ministry of Corporate Affair vide its notification dated January 22, 2019 had directed to all the Company, except government company, to file: – a one-time return in e-Form DPT-3, by furnishing the details of all outstanding receipt of money or loan taken from April 01, 2014 to March 31, 2019, which is not considered […]...

Read More

Incorporation of Company- Analysis of Provisions

An application for registration of a company shall be filed, with the Registrar within whose jurisdiction the registered office of the company is proposed to be situated, in Form No.INC-32 (SPICe) along with the fee as provided under the Companies (Registration offices and fees) Rules, 2014;...

Read More
Posted Under: Company Law |

Form DPT-3 and the related Compliances

MCA vide its general circular 05/2019 dated 12th April, 2019, clarified that now Companies are required to file data with regard to exempted deposits up to 31st March, 2019 (as opposed to the publication of earlier notification date i.e 22nd January, 2019). Now, Companies are required to file data of exempted deposits for the period of...

Read More
Posted Under: Company Law |

MCA raises curtains on Significant Beneficial Owner (SBO) rules

Amendments in Section 89 & 90 was one of the major amendments brought in by the Companies Act, Rules 2017 after considering the practical challenges in these Rules amended the provisions of SBO Rules through its notification dated February 8, 2019 through notification, has enforced the amended provisions of Section 90 of the Companies A...

Read More
Posted Under: Company Law |

Acceptance of Deposits by Companies From Members

Companies generally raise funds through issue of equity or preference shares, debentures, and commercial papers and inter corporate loans. Deposits are also one of the sources available to a company to raise funds to meet the short term or long term requirements of the company. In order to protect the interest of the depositors and [&hell...

Read More
Posted Under: Company Law |

Intimation of Registered Office of Company to Registrar of Companies

The registered office of a company is a place to which all official communications pertaining to a Company is sent. In addition to a registered office, a company can have an corporate office or administrative office or branch office or factory, etc. The registered office of the Company will also determine the domicile of the […]...

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Posted Under: Company Law |

23 FAQ’s on DPT-3 Form Filing- Answered in ICSI Webinar

1. Filing of DPT-3: DPT-3 has to be filed in two ways: (i) One-time return- 01.04.2014 to  31.03.2019 (Amount received and outstanding) (ii) Annual Return- 01.04.2018 to 31.03.2019 (Amount outstanding)...

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Posted Under: Company Law |

Resignation of Director under Companies Act, 2013

Resignation of Director Hello friends greetings for the day, in the current article we will discuss about resignation of directors as provided in Companies Act 2013, its Rules and implications of the same Manner of Resignation As per sec 168(1) of Companies act 2013, A director may resign from his office by giving a notice […]...

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Posted Under: Company Law |

Appointment of Auditors for Companies other than Government Companies

For a newly incorporated Company: The Board within 30 days from the date of incorporation of the Company, shall appoint the first auditor of the Company who shall hold office of the statutory auditor from the conclusion of that Board Meeting till the conclusion of First AGM of the Company and is liable to sign […]...

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Posted Under: Company Law |

7 Points to be considered while filling form DPT-3

Pursuant to rule 16 of the Companies (Acceptance of Deposits) Rules, 2014, MCA has come up with the notification on 22nd January 2019 with respect of filling of e-form DPT-3 for those amounts which not considered as deposits. Here are the few points which must be considered while filling the form DPT-3. ...

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Posted Under: Company Law |

Company Law News India

Corporate law also known as the company law is the study of how the directors, shareholders, creditors, employees and other participants in the community, consumers, and the environment work together with each other. Company law deals with organizations which are registered or incorporated under the Indian company law. The latest Companies Act is the Act which controls the incorporation of companies, responsibilities of companies, directors and laws relating to dissolution of any company. The newly constituted Companies Act 2013 is divided into twenty-nine chapters comprising 470 with 7 schedules. This Act replaced the previous Companies Act, 1956 on August 29th, 2013. The newly constituted Act came into action on September 12th, 2013 with number of changes. At Taxguru, we provide all the latest news relating to company law in India. Our portal is designed for alerting you on all the latest developments in the company law. We provide all the key cases, help, and guidance on all facets of company law. Get to know about all significant changes in the Indian corporate laws with our comprehensive and the latest company law news. Our panel of experts offers in-depth analysis and understanding of the corporate and allied laws. At Taxguru, we cover everything from regulations for LLPs to changes in the corporate governance, M&A and Takeover Code, SEBI reforms, exchange controls and commercial arbitration. Tune in to find out more about the corporate laws and all the key developments.