Company Law

Key points while filing petition/application before NCLT court

As we all knows that Central Government notified NCLT Rules, 2016 on 21st of July, 2016 through notification in the official gazette. The provisions specify the professionals i.e., Company Secretaries, Chartered Accountants and Advocates who can practice before the NCLT or NCLAT....

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Striking Off the Name of the Company

Applicable Section & Rules [Section 248 to 252]: Section 248 – Striking off the name of the Company by the Registrar Section 248(1) Deals with Compulsory Strike-off by the Registrar Section 248 (2) Deals with the Voluntary Strike-off by the Company Section 249 to 252 – Restrictions and Appeal to tribunal The above mentioned Sectio...

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Companies Amendment Act, 2017 – Simplified

Most of the Sections of the COMPANIES AMENDMENT ACT, 2017 are NOW APPLICABLE. In this Article the Author has made an attempt to SIMPLIFY the TOP 23 NEW & AMENDED Provisions of the Companies Act, 2013 by the COMPANIES AMENDMENT ACT, 2017....

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Persons from whom a Private Limited Company may borrow funds

The table below outlines the entities or persons from whom a Private Limited Company may borrow funds. Director is Allowed, provided a declaration is furnished by the director that the amount has not been given out of funds acquired by him by borrowing or accepting loans or deposits from others...

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Analysis of 34 Exemptions provided to Government Companies

The below mentioned exemptions can only be availed by a Government Company which has not defaulted in filing its Financial Statements or Annual Return with the Registrar...

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Draft Companies (Beneficial Interest and Significant Beneficial Interest) Rules, 2018

In exercise of the powers conferred by Section 89 and Section 90, read with sub-section (1) of section 469, of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules...

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Draft Companies (Prospectus and allotment of Securities) Amendment Rules, 2018

Suggestions/ comments on the draft rules along with justifications in brief may be sent latest by 07.03.2018 through email at comments pvt.place@mca.gov.in It is requested that the name, contact number, email address and postal address of the sender be indicated clearly at the time of sending suggestions/comments in the following format...

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Most disqualified directors were directors of Struck off companies

3,09,619 Directors were disqualified under Section 164(2)(a) read with Section 167 of the Companies Act, 2013 for non-filing of Financial Statements or Annual Returns for a continuous period of immediately preceding 3(three) financial years (2013-14, 2014-15 & 2015-16). Out of the above mentioned disqualified directors, 2,10,116 number of...

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MCA introduces RUN Services & Zero fee for Company incorporation with authorized capital upto Rs. 10 lakh

Stakeholders may kindly note that a new web service RUN (Reserve Unique Name) for reserving ‘name of proposed company and for changing name of existing company will be launched w.e.f. 26th January 2018. ...

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MCA ‘reactivated’ DINs of disqualified Directors

Stakeholders of Condonation of Delay Scheme (CODS) (notified vide General Circular No.16/2017 dated 29th December 2017) may kindly note that the process for ‘reactivation’ of the DINs in respect of disqualified Directors has been completed and the status of the relevant DINs can be checked now. Stakeholders are therefore requested to ...

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HC allows disqualified director in a Strike off Company to avail CODS 2018

Raman Nanda Vs. Union Of India And Ors. (Delhi High Court) - Admittedly,Company is not carrying out any businesss and its bank account has not been operated for over three years, petitioner ought to be provided benefit of CODS - 2018. ...

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Ensure wide publicity to Condonation of Delay Scheme, 2018: Delhi HC

Shikha Pahuja Vs. Ministry Of Corporate Affairs And Anr. (Delhi High Court) - In a recent ruling, the Delhi High Court directed that the Condonation of Delay Scheme on its official website with a view to ensure that wide publicity is given to the scheme. ...

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Depreciation cannot be denied for Breakdown & Technical Snags during Trial runs of Machineries

The Pr. Commissioner of Income­- Tax­ Vs. M/s. Larsen and Toubro Ltd. (Bombay High Court) - Once plant commences operation and even if product is substantial and not marketable, the business can said to have been set up. Mere breakdown of machinery or technical snags that may have developed after the trial run which had interrupted the continuation of further production for a period of tim...

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Time to file Appeal in NCLAT against Order of Adjudicating Authority

Amod Amladi V/s. Mrs. Sayali Rane & Anr. (NCLAT Delhi) - Article discusses Time Period for Filing of Appeal in National Company Law Appellate Tribunal (NCLAT) against the order of adjudicating authority in the light of Section 62(2) of Insolvency and Bankruptcy Code, 2016 and NCLAT Judgments in the case of Steam Amod Amladi V/s. Mrs. Sayali Rane & Anr and...

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NCLT seek opinion of ICAI on derogatory remarks of personal nature in Audit Report

Punita Khatter Vs. Explorers Travels & Tours (P) Ltd. (National Company Law Tribunal Delhi) - Representatives from the Institute of Chartered Accountant have prayed for some time to assist this Bench whether disparaging remarks of a personal nature would fall within the purview of a Chartered Accountant to be mentioned in the Audit report....

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Companies (Authorised to Register ) Amendment Rules, 2018

G.S.R_(E) - (16/02/2018) - These rules may be called the Companies (Authorised to Register) Amendment Rules, 2018. In the Companies (Authorised to Register) Rules, 2014, for Form No.URC-1, the following Form No. URC-1 shall be substituted...

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Companies (Management and Administration) Amendment Rules, 2018

G.S.R... (E).- - (16/02/2018) - These rules may be called the Companies (Management and Administration) Amendment Rules, 2018. Form No. MGT-6 and Form No. MGT-15 shall be substituted, ...

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Companies (Audit and Auditors) Amendment Rules, 2018

G.S.R_(E) - (16/02/2018) - 1. (1) These rules may be called the Companies (Audit and Auditors) Amendment Rules, 2018. (2)They shall come into force on the date of their publication in the Official Gazette. 2. In the Companies (Audit and Auditors) Rules, 2014, in the Annexure, for Forms ADT-1 and ADT-2, the following forms sha...

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Applicability of various section of Companies (Amendment) Act 2017 wef 09.02.2018

S.O. ..(E) - (09/02/2018) - Central Government hereby appoints the 09 February, 2018 as the date on which the following provisions of the Companies (Amendment) Act 2017 shall come into force, namely :-...

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Companies (Registered Valuers and Valuation) Amendment Rules, 2018

G.S.R.......(E) - (09/02/2018) - Central Government hereby amends Companies (Registered Valuers and Valuation) Rules, 2017. These rules may be called Companies (Registered Valuers and Valuation) Amendment Rules, 2018....

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Recent Posts in "Company Law"

Companies (Authorised to Register ) Amendment Rules, 2018

G.S.R_(E) (16/02/2018)

These rules may be called the Companies (Authorised to Register) Amendment Rules, 2018. In the Companies (Authorised to Register) Rules, 2014, for Form No.URC-1, the following Form No. URC-1 shall be substituted...

Read More

Companies (Management and Administration) Amendment Rules, 2018

G.S.R... (E).- (16/02/2018)

These rules may be called the Companies (Management and Administration) Amendment Rules, 2018. Form No. MGT-6 and Form No. MGT-15 shall be substituted, ...

Read More

Companies (Audit and Auditors) Amendment Rules, 2018

G.S.R_(E) (16/02/2018)

1. (1) These rules may be called the Companies (Audit and Auditors) Amendment Rules, 2018. (2)They shall come into force on the date of their publication in the Official Gazette. 2. In the Companies (Audit and Auditors) Rules, 2014, in the Annexure, for Forms ADT-1 and ADT-2, the following forms shall be substituted, namely:-...

Read More

Key points while filing petition/application before NCLT court

As we all knows that Central Government notified NCLT Rules, 2016 on 21st of July, 2016 through notification in the official gazette. The provisions specify the professionals i.e., Company Secretaries, Chartered Accountants and Advocates who can practice before the NCLT or NCLAT....

Read More
Posted Under: Company Law |

Striking Off the Name of the Company

Applicable Section & Rules [Section 248 to 252]: Section 248 – Striking off the name of the Company by the Registrar Section 248(1) Deals with Compulsory Strike-off by the Registrar Section 248 (2) Deals with the Voluntary Strike-off by the Company Section 249 to 252 – Restrictions and Appeal to tribunal The above mentioned Sectio...

Read More
Posted Under: Company Law |

Companies Amendment Act, 2017 – Simplified

Most of the Sections of the COMPANIES AMENDMENT ACT, 2017 are NOW APPLICABLE. In this Article the Author has made an attempt to SIMPLIFY the TOP 23 NEW & AMENDED Provisions of the Companies Act, 2013 by the COMPANIES AMENDMENT ACT, 2017....

Read More
Posted Under: Company Law |

Persons from whom a Private Limited Company may borrow funds

The table below outlines the entities or persons from whom a Private Limited Company may borrow funds. Director is Allowed, provided a declaration is furnished by the director that the amount has not been given out of funds acquired by him by borrowing or accepting loans or deposits from others...

Read More
Posted Under: Company Law |

Analysis of 34 Exemptions provided to Government Companies

The below mentioned exemptions can only be availed by a Government Company which has not defaulted in filing its Financial Statements or Annual Return with the Registrar...

Read More
Posted Under: Company Law |

Process to Issue of Preference Shares under Companies Act, 2013

Preference Share with reference to any Company limited by shares means that part of the issued share capital which carries or would carry preferential right with respect to:- Payment of dividend either fixed or calculated at fixed rate. Repayment in case of winding-up or repayment of capital. Section 55 of Companies Act, 2013 read with [&...

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Posted Under: Company Law |

MCA set to place Private Placement rules- Issues draft rules to amend Rule 14 of PAS Rules

Substitution of Section 42 is one of the key amendments proposed in Companies (Amendment) Act, 2017 (Amendment Act). While, the Amendment Act is being enforced in phases, stakeholders have been awaiting the draft rules in relation to private placement. MCA on 15.02.2018 issued draft Companies (Prospectus and Allotment of Securities) (Amen...

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Posted Under: Company Law |
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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.