Company Law

CSR under Companies Act, 2013

Corporate Social Responsibility (CSR) 1. Company Liable for CSR Section 135(1) Company having – a. Net worth of Rs.- 500 Cr. or More, or b. Turnover of Rs. 1000 Cr. or More, or c. Net Profit of Rs. 5 Cr. or More during the immediately previous financial year 2. CSR Committee Section 135(1) and Rule […]...

Read More

Procedure for Change in Name of Existing Company

For ease of reference, I have only covered 4 Step Procedure for Name Change in this article and nothing else. Step 1: Hold a meeting of Board of Directors of the company The company shall hold a meeting of board of directors to pass necessary resolution for the change of name. The board shall consider […]...

Read More

Practical Aspects of Udyam Registration W.E.F. 01.07.2020

Following the Atmanirbhar scheme and for facilitating ease of doing business, Union Ministry of Micro, Small and Medium Enterprises (MSME), vide its Notification Dated 26.06.2020, notifies the new definition of MSME and new registration process known as – ‘Udyam Registration’ In that context, a new portal is introduced k...

Read More

Private Placement of Securities provisions | Companies Act, 2013

Private Placement of Securities Under Companies Act 1. Only to Identified Persons Private Place made only to identified person, Maximum no of identified Persons not more than 50 or such number of persons as may be prescribed i.e 200 as per Rule 14(2). Identified person excludes the QIB and employee of  the Company being offered […...

Read More

Checklist For Incorporation of Private Company

Applicable Provisions 1. Section 3(1)-Private company should have  two or more person as a subscriber. 2. Section 149(1)-Private Company should have minimum 2 directors and maximum 15 directors Proviso of 149(1)(b) a company can appoint more than 15 directors by passing special resolution. 3. Section 12(1)-Every company should have regis...

Read More

Request for relief under Companies Fresh Start Scheme, 2020

We wish to draw you kind attention towards Circular No 11/2020, dated March 24, 2020 and further Circular No. 12/2020 dated March 30, 2020, issued by the Ministry of Corporate Affairs ('MCA'), wherein a Scheme has been introduced namely the Companies Fresh Start Scheme, 2020 ('Scheme').The Scheme is applicable for the period from April 1,...

Read More

Updated Contact Number of MCA Helpdesk

MCA has released Updated Contact Number of  Helpdesk from 17/07/2020 onwards for queries related to Company Name Availability and Company Incorporation and for queries related to Company or LLP e-Filings, Payments or View Public Document (VPD). Updated Contact Number of Ministry of Corporate Affairs (MCA) Helpdesk from 17/07/2020 onwards...

Read More

Private Limited Company can transfer shares without Dematerialization

In case of Private Limited Companies;  Section 29 (1) (b) of Companies Act 2013 includes Private Limited Companies also w.e.f. 14.08.2019. However, the class of companies to which it should apply is yet to be prescribed (last checked on 4th July 2020). Presently the Company law makes it mandatory only for Unlisted PUBLIC Limited companie...

Read More

ICSI requests to extend relaxation period of Company Law compliances

MCA has also vide its Circular dated 15th June, 2020 extended the period for holding EGM through Video Conferencing or other Audio Visual Means from 30th June, 2020 to 30th September, 2020. On account of ongoing restrictions due to COVID-19, we request you to kindly consider further extension of period of relaxation for the following prov...

Read More

Guidance Note on Companies (Auditor’s Report) Order, 2020

The Ministry of Corporate Affairs (MCA) has issued the Companies (Auditor’s Report) Order, 2020 (CARO 2020) on 25th February 2020, which was initially applicable for statutory audits of financial statements for periods beginning on or after April 1, 2019....

Read More

Dispute of Inheritance of Shares cannot be decided under Companies Law: SC

Aruna Oswal Vs Pankaj Oswal & Ors. (Supreme Court) - Aruna Oswal Vs Pankaj Oswal & Ors. (Supreme Court) Hon’ble Supreme Court held that the basis of the petition is the claim by way of inheritance of 1/4th shareholding so as to constitute 10% of the holding, which right cannot be decided in proceedings under section 241/242 of the Act. Thus,...

Read More

Transfer of Shares | Case Analysis | Dove Investments v. Gujarat Industrial Investment Corp.

M/s. Dove Investments Private Ltd. Vs. Gujarat Industrial Investment Corporation Ltd. (Madras High Court) - Whether the obligation to register a transfer of shares within a particular period of time was mandatory or directory? Whether the company can cancel or reject the transfer where stamps on transfer form were not defaced or canceled?...

Read More

Increase in threshold for initiating CIRP is prospective in effect

Foseco India Limited Vs Om Boseco Rail Products Limited (NCLT Kolkata) - Whether increase in threshold by CG through notification  for initiating CIRP is prospective or retrospective in effect?...

Read More

Is apprehension of bias a valid ground to substitute IRP

State Bank of India Vs. Metenere Ltd. (NCLAT) - NCLAT concluded that the apprehension of bias expressed by the ‘Corporate Debtor’ qua the appointment of Verma as proposed IRP is valid and cannot be dismissed. Further, it contended that the NCLT order was justified in seeking substitution of Verma to ensure that CIRP is conducted in a fair and...

Read More

HC allows bail to accused director since trial not possible due to lockdown

Aditya Kumar Bhandari Vs Serious Fraud Investigation Officer (Delhi High Court) - Bail was allowable to accused director of fraud on the reason that he was not the signatory to the alleged False Statement in the balance sheet of the Company and there was no loss caused either to any financial institution or Central/State Government and moreover, the trial proceedings is not possi...

Read More

Extension of last date of filing of Form NFRA-2 to 270 days

General Circular No. 26/2020 - (06/07/2020) - It has been decided that the time limit for filing of Form NFRA­-2, for the reporting period FY 2018-19, will be 270 days from the date of deployment of this form on the website of National Financial Reporting Authority (NFRA)....

Read More

Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2020

G.S.R. 420(E) - (29/06/2020) - MCA has vide Notification No. G.S.R. 420(E) dated 29th June, 2020 has issued and published the Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2020 further to amend the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016. Ful...

Read More

Clarification on CSR contribution to PM CARES Fund

General Circular No. 25/2020  - (25/06/2020) - In view of the amendment in Schedule VII of the Companies Act, 2013 vide gazette notification no. G.S.R. 313(E) dated 26th May, 2020, deemed to have come into force on 28th March 2020, the Office Memorandum No. CSR-05/1/2020-CSR_MCA dated 28.03.2020 is redundant and hence stands superseded....

Read More

Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2020

G.S.R. 396(E). - (23/06/2020) - MCA has issued Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2020 which are applicable from  23rd June 2020 and by this Registration of details of Independent Directors in Independent Directors Data Bank who were director on 1st December 2019 is been allowed till 30t...

Read More

Companies (Meetings of Board and its Powers) Second Amendment Rules, 2020

G.S.R. 395(E) - (23/06/2020) - Companies (Meetings of Board and its Powers) Second Amendment Rules, 2020- MCA further relax the requirement of holding Board meetings with physical presence of directors under section 173 (2) read with rule 4 of the Companies (Meetings of Board and its Powers) Rules, 2014 for approval of the annual...

Read More

Browse All Categories

CA, CS, CMA (4,819)
Company Law (6,198)
Custom Duty (7,806)
DGFT (4,248)
Excise Duty (4,371)
Fema / RBI (4,250)
Finance (4,466)
Income Tax (33,553)
SEBI (3,539)
Service Tax (3,567)

Recent Posts in "Company Law"

CSR under Companies Act, 2013

Corporate Social Responsibility (CSR) 1. Company Liable for CSR Section 135(1) Company having – a. Net worth of Rs.- 500 Cr. or More, or b. Turnover of Rs. 1000 Cr. or More, or c. Net Profit of Rs. 5 Cr. or More during the immediately previous financial year 2. CSR Committee Section 135(1) and Rule […]...

Read More
Posted Under: Company Law |

Procedure for Change in Name of Existing Company

For ease of reference, I have only covered 4 Step Procedure for Name Change in this article and nothing else. Step 1: Hold a meeting of Board of Directors of the company The company shall hold a meeting of board of directors to pass necessary resolution for the change of name. The board shall consider […]...

Read More
Posted Under: Company Law |

Practical Aspects of Udyam Registration W.E.F. 01.07.2020

Following the Atmanirbhar scheme and for facilitating ease of doing business, Union Ministry of Micro, Small and Medium Enterprises (MSME), vide its Notification Dated 26.06.2020, notifies the new definition of MSME and new registration process known as – ‘Udyam Registration’ In that context, a new portal is introduced k...

Read More
Posted Under: Company Law |

Private Placement of Securities provisions | Companies Act, 2013

Private Placement of Securities Under Companies Act 1. Only to Identified Persons Private Place made only to identified person, Maximum no of identified Persons not more than 50 or such number of persons as may be prescribed i.e 200 as per Rule 14(2). Identified person excludes the QIB and employee of  the Company being offered […...

Read More
Posted Under: Company Law |

Dispute of Inheritance of Shares cannot be decided under Companies Law: SC

Aruna Oswal Vs Pankaj Oswal & Ors. (Supreme Court)

Aruna Oswal Vs Pankaj Oswal & Ors. (Supreme Court) Hon’ble Supreme Court held that the basis of the petition is the claim by way of inheritance of 1/4th shareholding so as to constitute 10% of the holding, which right cannot be decided in proceedings under section 241/242 of the Act. Thus, filing of the petition […]...

Read More

Checklist For Incorporation of Private Company

Applicable Provisions 1. Section 3(1)-Private company should have  two or more person as a subscriber. 2. Section 149(1)-Private Company should have minimum 2 directors and maximum 15 directors Proviso of 149(1)(b) a company can appoint more than 15 directors by passing special resolution. 3. Section 12(1)-Every company should have regis...

Read More
Posted Under: Company Law |

8 Steps for Conversion of Public Company Into Private Company

PROCEDURE FOR CONVERSION OF PUBLIC COMPANY INTO PRIVATE COMPANY (Section 13 and 14 of the Companies Act, 2013 Read with Rule 41 of Companies (Incorporation) Rules, 2014) Step-1 Hold a Board Meeting: > To obtain the approval for conversion of Public Company into Private Company. > To make amendments in MoA and AoA subject to [&hellip...

Read More
Posted Under: Company Law |

Procedure for Resignation of Director & Related Compliance (With Sample Drafts)

Procedure for Resignation of Director & Related Compliance (With Sample Drafts) The directors of a company are its eyes, ears, brain and nerves upon whose efficient functioning depend the success of the company. However due to personal or unavoidable reasons, a director may resign from his position. The provision related to Resignatio...

Read More
Posted Under: Company Law |

Post Incorporation Compliances of Private Company

PRIVATE LIMITED COMPANY: The Company shall be a private Company within the meaning of Section 2(68) of the Companies Act, 2013, limited by shares and having a minimum paid – up share capital as may be prescribed and shall: 1. restricts the right to transfer its shares; 2. Except in case of one person Company, limit […]...

Read More
Posted Under: Company Law |

Conversion of Partnership Firm/LLP into a Company

What is Partnership Firm/LLP? A partnership firm is an organization which is formed with two or more persons to run a business with a view to earn profit. Each member of such a group is known as partner and collectively known as partnership firm. These firms are governed by the Indian Partnership Act, 1932. A […]...

Read More
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.