Company Law

Disclosures on all outstanding receipt of money or loan by a company but not considered as deposits

Every Company shall on or before the 30th day of June, of every year, file with the Registrar, an annual return in Form DPT-3 which is the return of deposit or particulars of transaction not considered as deposit or both and furnish the information contained therein as on the 31st day of March of that year duly audited by the auditor of ...

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Furnish info about payment to micro & small enterprise suppliers in Form MSME 1

Furnishing of information about payment to micro and small enterprise suppliers – Form MSME 1 The Central Government vide the notification number S.O. 5622(E), dated the 2nd November, 2018 has directed that all companies, who get supplies of goods or services from micro and small enterprises and whose payments to micro and small ent...

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Key Amendments In Corporate Law Related To Certain Provisions Applicable To Directors

Article explains provisions related to why a Person cannot be appointed as Director if debarred by SEBI/ or any other authority, Limit of Directorships, Intimation of resignation by a Director to RO, Definition of Independent Director as per 16(1)(B) of SEBI LODR, Definition of Independent Director as per sec 149(6) of Companies Act, 2013...

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Compliances & Obligations of Directors under Companies Act 2013 & Other Regulations

1. DIN Mandatory: As Directors, we are sure you have your Director Identification Number (DIN) in place. Any person, who is proposed to be appointed as Director in any Company, is required to have a DIN. {Section 1531. Every director having DIN in the event of any change in his particulars as stated in Form DIR-3 […]...

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Law on Withdrawal of Winding Up Petition

This article focusses on the development and current position of the legal proposition of withdrawal of the winding up petition under the 3 phases of Company Law in India- the Companies Act,1956; Companies Act,2013 and the Insolvency and Bankruptcy Code,2016, along with what the Supreme Court of India recently held on the constitutionalit...

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Cabinet approves Promulgation of Companies (Second Amendment) Ordinance 2019

The Union Cabinet chaired by Prime Minister Narendra Modi has approved the Promulgation of the Companies (Second Amendment) Ordinance 2019 and for replacement of the said Ordinance in Parliament by a replacement Bill. It is based on the recommendations of the Committee to review offences under the Companies Act, 2013, so as to fill criti...

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ICAI withdraws Clarification on Rotation of Auditors under Companies Act, 2013

Section 139 of the Companies Act 2013 where the company ceases to fall under the ambit of Rotation principles in subsequent years.-(15-02-2019) ANNOUNCEMENT Withdrawal of the Announcement regarding Clarification on Applicability of Rotation principles on a company as per Section 139 of the Companies Act 2013 where the company ceases to fa...

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Rotation of Auditors not required if Rotation principal ceases to apply

Regarding Clarification on Applicability of Rotation principles on a company as per Section 139 of the Companies Act 2013 where the company ceases to fall under the ambit of Rotation principles in subsequent years. This is regarding the applicability of Rotation principles on a company as per Section 139 of the Companies Act 2013 where [&...

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Guidance Note on Dividend by ICSI

GUIDANCE ON THE PROVISIONS OF SS-3 1. Ascertainment of amount available for payment/distribution as Dividend. 2. Declaration of Dividend 3. Entitlement to Dividend 4. Dividend in Abeyance 5. Payment of Dividend 6. Unpaid Dividend 7. Revocation of Dividend 8. Preservation of Dividend Cheques, Warrants and Dividend R...

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Disclosure on implementation of SH Act mandatory in Director’s report

Disclosure regarding implementation of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (SH Act,2013) made mandatory in the Director’s report as per amended the Company (Account) Rules, 2014 Press Information Bureau Government of India Ministry of Women and Child Development 21-December-2018 17:2...

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Rule 3(2) of Companies (Registered Valuers & Valuation) Rules is constitutionally valid: Delhi HC

Cushman And Wakefield India Private Limited Vs Union of India & Anr (Delhi High Court) - Cushman And Wakefield India Private Limited Vs Union of India & Anr (Delhi High Court) The issue which falls for consideration is in a very narrow compass, whether a company, other than a subsidiary company, joint venture or associate of other company forms a separate class for the purpose of el...

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NCLT bars CA for issuing false Audit certificate relating to financials

Union of India Vs Mr. Mukesh Maneklal Choksi (NCLT) - Union of India Vs Mr. Mukesh Maneklal Choksi (National Company Law Tribunal, Mumbai Bench) Since Respondent No 1, Mr Mukesh Maneklal Choksi, Statutory Auditor , colluded with the Chairman/Director of R-2 company and has given a false Audit certificate relating to the Profit & Loss Account and Ba...

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HC set aside RoC’s Order Disqualifying Directors for Non-Filing of Financial Statements

Bhagavan Das Dhananjaya Das Vs Union of India (Madras High Court) - Bhagavan Das Dhananjaya Das Vs Union of India (Madras High Court) (a) When the New Act 2013 came into effect from 1.4.2014, the second respondent herein has wrongly given retrospective effect and erroneously disqualified the petitioner-directors from 1.11.2016 itself before the deadline commenced...

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No legal bar on merger of an Indian LLP with an Indian Company

M/s. Real Image LLP  Vs  M/s. Qube Cinema Technologies Private Limited (NCLI) - M/s. Real Image LLP  Vs  M/s. Qube Cinema Technologies Private Limited (NCLI) Legislative intention behind enacting both the LLP act 2008 and The Companies Act 2013 is to facilitate the ease of doing business and create a desirable business atmosphere for companies and LLPs. For this purpose, bo...

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SC Stayed Bombay HC Order Granting Relief to Disqualified Director

Registrar Of Companies Maharashtra Mumbai & Anr Vs. Shailendrajit Charanjit Rai & Anr. (Supreme Court) - On Monday, 06th August 2018, the Honourable Supreme Court has stayed Bombay High Court Interim Order for granting relief to Disqualified Director by admitting Special Leave Petition by Ministry of Corporate Affairs....

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ICAI cannot issue clarification on provisions of Companies Act: MCA

No. 01/33/2013-CL.V (Pt.) - (15/02/2019) - It is stated that the issuance of any clarification on different provisions of Companies Act falls in the domain of this Ministry, and ICAI is neither empowered nor competent to issue such clarification and especially so without prior consultation with this Ministry....

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Companies (Significant Beneficial Owners) Amendment Rules, 2019

[ F.No. 1/1/2018 CL-V] - (08/02/2019) - Central Government hereby makes the following rules further to amend the Companies (Significant Beneficial Owners) Rules, 2018, namely These rules may be called the Companies (Significant Beneficial Owners) Amendment Rules, 2019....

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MCA Repeals Companies Act, 1956 from 30 January 2019

Notification No. S.O. 560(E) - (30/01/2019) - Central Government hereby appoints the 30th January, 2019 as the date on which the provisions of section 465 of the said Act in so far as they relate to the repeal of the Companies Act, 1956 (1 of 1956) [that in except in so far as they relate to the repeal of the Registration of Companies (Sikkim) ...

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Companies (Acceptance of Deposits) Amendment Rules, 2019

G.S.R._ (E). - (22/01/2019) - It is hereby clarified that Form DPT-3 shall be used for filing return of deposit or particulars of transaction not considered as deposit or both by every company other than Government company....

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Companies (Prospectus and Allotment of Securities) Amendment Rules, 2019

G.S.R. 43(E). - (22/01/2019) - Companies (Prospectus and Allotment of Securities) Rules, 2014 shall not apply to an unlisted public company which is:— (a) a Nidhi; (b) a Government company or (c) a wholly owned subsidiary....

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Recent Posts in "Company Law"

Disclosures on all outstanding receipt of money or loan by a company but not considered as deposits

Every Company shall on or before the 30th day of June, of every year, file with the Registrar, an annual return in Form DPT-3 which is the return of deposit or particulars of transaction not considered as deposit or both and furnish the information contained therein as on the 31st day of March of that year duly audited by the auditor of ...

Read More
Posted Under: Company Law |

Furnish info about payment to micro & small enterprise suppliers in Form MSME 1

Furnishing of information about payment to micro and small enterprise suppliers – Form MSME 1 The Central Government vide the notification number S.O. 5622(E), dated the 2nd November, 2018 has directed that all companies, who get supplies of goods or services from micro and small enterprises and whose payments to micro and small ent...

Read More
Posted Under: Company Law |

Cabinet approves Promulgation of Companies (Second Amendment) Ordinance 2019

The Union Cabinet chaired by Prime Minister Narendra Modi has approved the Promulgation of the Companies (Second Amendment) Ordinance 2019 and for replacement of the said Ordinance in Parliament by a replacement Bill. It is based on the recommendations of the Committee to review offences under the Companies Act, 2013, so as to fill criti...

Read More
Posted Under: Company Law |

Key Amendments In Corporate Law Related To Certain Provisions Applicable To Directors

Article explains provisions related to why a Person cannot be appointed as Director if debarred by SEBI/ or any other authority, Limit of Directorships, Intimation of resignation by a Director to RO, Definition of Independent Director as per 16(1)(B) of SEBI LODR, Definition of Independent Director as per sec 149(6) of Companies Act, 2013...

Read More
Posted Under: Company Law |

Compliances & Obligations of Directors under Companies Act 2013 & Other Regulations

1. DIN Mandatory: As Directors, we are sure you have your Director Identification Number (DIN) in place. Any person, who is proposed to be appointed as Director in any Company, is required to have a DIN. {Section 1531. Every director having DIN in the event of any change in his particulars as stated in Form DIR-3 […]...

Read More
Posted Under: Company Law |

Law on Withdrawal of Winding Up Petition

This article focusses on the development and current position of the legal proposition of withdrawal of the winding up petition under the 3 phases of Company Law in India- the Companies Act,1956; Companies Act,2013 and the Insolvency and Bankruptcy Code,2016, along with what the Supreme Court of India recently held on the constitutionalit...

Read More
Posted Under: Company Law |

MSME Form 1

Notification :- On 22nd January, 2019 MCA notified the Section 9 of MSMED Act, 2006 in Companies Act 2013 vide exercised its power under Section 405 of the Companies Act, 2013. Provision :– The said provision can be understand in two parts Part I – Initial Return :- “Every Specified company shall file in MSME Form I detai...

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Posted Under: Company Law |

Modi Sarkar’s New Focus: Making Corporate Governance of Global Standard by introduction of Companies (Amendment) Ordinance, 2019

Modi Sarkar’s New Focus: Making the Corporate Governance of Global Standard by introduction of Companies (Amendment) Ordinance, 2019 The attention is invited to the Companies, Directors, principal officers, Company Secretary, Chartered Accountants, Auditors, stakeholders and Shareholders to review the recently promulgated Companies (Ame...

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Posted Under: Company Law |

Mandatory submission of details of amount due to MSME suppliers

Mandatory Submission details of all outstanding dues to MSME suppliers by Specified Companies With a spate of corporate irregularities coming to the fore, the Centre has decided to make disclosure norms more stringent. Specified Companies (Furnishing of information about payment to micro and small enterprise suppliers) Recently MCA has ...

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Posted Under: Company Law |

10 Reasons For Maintenance of Minutes of The Meetings

Article explains what are the minutes, who need to maintain minutes, Are there any legal provisions which mandates organizations to maintain minutes and what is the Importance of Meeting Minutes. Q.1: What are the minutes? Minutes are the written proceedings of meetings. These are live written records of meeting. They include the list of ...

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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.