Corporate Governance Corporate Governance is a system by which companies are directors and controlled. Board of the directors of company has to ensure that efficient corporate governance structure is in place. These Corporate Governance committees if set up properly ensure that the business runs smoothly, it helps the company in framing c...
Read MoreCompanies Fresh Start Scheme 2020| Unique Window Of Opportunity For Defaulting Companies Upon the COVID-19 outbreak which has shaken the entire world Ministry of Corporate affairs has given light to the ‘Defaulting Companies’ to combat with economic disruptions and also to make a fresh start on a clean slate, In furtherance to...
Read MoreImmunity dose for Defaulting Companies- Companies Fresh Start Scheme, 2020 (CFSS 2020) | Frequently Asked Questions Amid all the chaos of COVID-19, MCA and SEBI are issuing notifications, orders, regulations, guidelines and advisories to give relaxations for their mandatory compliance. In additions to these, MCA has come out with Companie...
Read MoreDIFFICULT TO INCORPORATE A COMPANY ON MCA PORTAL? Article explains Simplified STEP WISE PROCEDURE for Incorporation of Company in India on MCA Website using different type of Incorporation Forms. Article also explains document required for incorporation of different Types of company in India with SPICE+ Form i.e. Private Limited Company (...
Read More1. The issue of shares on a preferential basis is governed by Section 62(1)(c) of the Companies Act, 2013 and Rule 13 of the Companies (Share Capital and Debentures) Rules, 2014. 2. In accordance with the provisions of Section 62(1)(c) of the Act, where at any time, a company having a share capital proposes to […]...
Read MoreDIN holders of DINs marked as ‘Deactivated’ due to non-filing of DIR-3KYC/DIR-3 KYC-Web and those Companies whose compliance status has been marked as ‘ACTIVE non-compliant’ due to non-filing of Active Company Tagging Identities and Verification (ACTIVE) eform are encouraged to become compliant once again in pursuance of t...
Read MoreWhile fully appreciating the measures undertaken by the Ministry of Corporate Affairs allowing the Companies to hold their Board Meetings through audio visual means even for the restricted items till 30th June 2020, taking cognizance of the gravity of the public health situation, we request your good-self to kindly consider the relaxation...
Read MoreThe web form named CAR. (Company Affirmation of Readiness towards COVID-19) should be filed by an authorized signatory of Companies & LLPs. CAR-2020 shall be deployed on the 23rd of March, 2020....
Read MoreSensitization of Nidhi companies towards compliance of provisions of section 406 of Companies Act, 2013 and Nidhi Rules, 2014 as amended vide Nidhi (Amendment) Rules, 2019 w.e.f 15.08.2019 and general public to invest in genuine and compliant Nidhis only. In order to make regulatory regime for Nidhi Companies more effective and also to ac...
Read MoreICSI has made a request to MCA to allow participation of directors in a meeting through video conferencing or other audio visual means in which following Restricted matters can be discussed which are otherwise not allowed- a) the approval of the annual financial statements; (b) the approval of the Board’s report; (c) the approval of...
Read MoreNeeraj Jain Vs Cloudwalker Streaming Technologies Pvt. Ltd. (NCLAT) - Neeraj Jain Vs Cloudwalker Streaming Technologies Pvt. Ltd. (NCLAT) we have found that demand notice delivered under Section 8(1) of the Code was not proper and was also incomplete. The Operational Creditor failed to submit any documents to prove in existence of the Operational debt and the amount i...
Read MoreDeloitte Haskins & Sells LLP. Vs Union of India (NCLAT) - Various acts of IL&FS like over borrowing were prejudicial to the public interest which had cascading impact on various sectors of the economy and the red signals were raised against the IL&FS by the country and even by the department of economic affairs of the country, therefore, before passing a...
Read MoreVijay Pal Garg & Ors. Vs Pooja Bahry (NCLAT) - Adjudicating Authorities cannot possess the power to direct the Central Government to conduct/order the investigation against any company. Taking a look at Section 210(3) of the Act, it is clear that the Central Government ought to conduct an investigation into the affairs of the Company by appointi...
Read MoreSatish Kumar Gupta Vs Union of India (Bombay High Court) - Where a director was disqualified under section 164(2) of the Companies Act 2013 for not filing Financial Statements and Annual Returns continuously for a period of three years, then, the disqualification was incurred and no interim relief was to be granted for the same as these were ministerial o...
Read MoreNational Plywood Industries Ltd. Vs Union of India And Anr. (Gauhati High Court) - National Plywood Industries Ltd. Vs Union of India And Anr. (Gauhati High Court) In the given case the issue under consideration is whether the order of moratorium of the National Company Law Tribunal also covers the proceeding pending before the GST authorities under the GST Act 2017? The Hon’ble...
Read MoreThe Ministry of corporate affairs issued a scheme known as Companies fresh start Scheme 2020 (CFSS-2020) condoning the delay in filing of documents with the ROC at a normal fee only and grant immunity from launching of prosecution for imposing penalty on account of delay associated with certain fil...
Read MoreGeneral Circular No. 12/2020 - (30/03/2020) - Central Government introduce a Scheme namely Companies Fresh Start Scheme, 2020 (CFSS-2020) condoning the delay in filing the specified documents with the Registrar, insofar as it relates to charging of additional fees, and granting of immunity from launching of prosecution or proceedings for imposi...
Read MoreeF. No. CSR-05/1/2020-CSR-MCA - (28/03/2020) - The PM-CARES Fund has been set up to provide relief to those affected by any kind of emergency or distress situation. Accordingly, it is clarified that any contribution made to the PM CARES Fund shall qualify as CSR expenditure under the Companies Act 2013....
Read MoreS.O. 1219(E) - (24/03/2020) - MCA has vide its order dated 24th March 2020 announced that CARO 2020 will applies, for the financial years commencing on or after the 1st April, 2020 instead of financial years commencing on or after the 1st April, 2019. Decision is been take considering recent Outbreak of Corona Virus. GOVERNMENT ...
Read MoreGeneral Circular No. 11/2020 - (24/03/2020) - In order to support and enable Companies and Limited Liability Partnerships (LLPs) in India to focus on taking necessary measures to address the COVID-19 threat, including the economic disruptions caused by it, the following measures have been implemented by the Ministry of Corporate Affairs to redu...
Read More