Company Law

Practical Aspects on Incorporation of Foreign Subsidiary Company In India & Indian Company Law on Names, Notary, Apostillation & Consularisation

Practical Aspects On Incorporation of Foreign Subsidiary Company In India and The Indian Company Law on Names, Notary, Apostillation and Consularisation The Indian Companies Act, 2013 (Act) allows the incorporation of Subsidiary Company of Foreign Company in India. The Subsidiary Company of Foreign Company means either controls the compos...

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FAQs on Register of Members, Debenture Holders or Other Security Holders

Important FAQs to Understand Register of Members, Debenture Holders or Any Other Security Holders {Section 88 of Companies Act, 2013 read with The Companies (Management and Administration) Rules, 2014} 1. Where is the Register of Members maintained under Companies Act, 2013?  Ans. Every Company shall maintain register of members from the...

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Incorporation Procedure for Section 8 Company

Procedure for incorporating section 8 companies: (1) Where it is proved to the satisfaction of the Central Government that a person or an association of persons proposed to be registered under this Act as a limited company— (a)  has in its objects the promotion of commerce, art, science, sports, education, research, social welfare, r...

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Increase in Authorized Capital of Company | Companies Act, 2013

The Capital or say fund is backbone if every business. So, this fund is called as Capital in case of Company. The amount of share capital or equity financing a company has can change over time. A company that wishes to raise more equity can obtain authorization to issue and sell additional shares, thereby increasing […]...

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Format of Certificate For Asset Cover

CERTIFICATE To, XYZ ltd This certificate is issued in accordance with the terms of our arrangement with XYZ Private Limited (CIN-), having registered address ……………..IN, vide engagement letter dated ——————–with reference to Appointment of ABC & Associates as the Ch...

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Key features of SPICe+ & Ministry initiative for Ease of Doing Business

Key features of SPICe+ for Greater Ease of Doing Business As part of Government of India’s Ease of Doing Business (EODB) initiatives, the Ministry of Corporate Affairs has deployed a new Web Form christened ‘SPICe+’ (pronounced ‘SPICe Plus’) replacing the earlier SPICe form. SPICe+ offers 11 services by 3 Central Govt Ministries...

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Government identified 2,38,223 companies as shell companies

There is no definition of the term Shell Company in the Companies Act and it normally refers to a company without active business operation or significant assets, which in some cases are used for illegal purpose such as tax evasion, money laundering, obscuring ownership, benami properties etc...

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320 foreign companies registered in India between 2018 and 2021

A total of 320 foreign companies registered in the country during the last three years. This was stated by Union Minister of State for Corporate Affairs Shri Rao Inderjit Singh in a written reply to a question in Rajya Sabha today....

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23 measures taken by MCA to fight COVID-19 pandemic

Ministry of Corporate Affairs Various measures taken by Ministry of Corporate Affairs (MCA) to fight COVID-19 pandemic Posted On: 20 JUL 2021 The Ministry of Corporate Affairs (MCA) primarily administers the provisions of the Companies Act, 2013 (the Act), the Limited Liability Partnership Act, 2008 and the Insolvency and Bankruptcy Code,...

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36191 new companies incorporated from April to June 2021

The number of new companies incorporated in the Country under the provisions of the Companies Act, 2013 from April 2021 to June, 2021 is 36,191 as compared to 18,968 number of new companies in the corresponding period of last year which is an increase of 17,223 number of new Companies....

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NCLAT has power to grant case withdrawal under Rule 11 of NCLT Rules

Anuj Tejpal Vs Rakesh Yadav (NCLAT Delhi) - In present facts of the case the Hon’ble NCLAT have held that under Rule 11 of the NCLT Rules, 2016 they have power to grant of withdrawal of cases. It was also observed that prime objective of the Code is not recovery, but revival...

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Liquidation should be the last resort after proper evaluation & calibration

Lotus City Plot Buyers Welfare Association Vs Three C Homes Pvt. Ltd & - In present facts of the case, the Hon’ble Appellate Tribunal held that Liquidation is the last resort and this programme of homebuyers needs some calibration and proper evaluation....

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Statutory dues cannot be claimed if not exists in company’s approved RP for DHFL

Piramal Capital & - All the dues including the statutory dues owed to the Central Government, any State Government or any local authority, if not part of the Company’s approved resolution plan, shall stand extinguished and no proceedings in respect of such dues for the period prior to the date the Adjudicating Author...

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Writ petition against an order of NCLT not maintainable before HC

Ideal Surgicals Vs National Company Law Tribunal (Kerala High Court) - Ideal Surgicals Vs National Company Law Tribunal (Kerala High Court) The challenge in these original petitions is against the proceedings of the National Company Law Tribunal (NCLT), Kochi Bench. IBC, 2016 is a Single Unified Umbrella Code, covering the entire gamut of the law relating to insolvenc...

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No section 43B disallowance for PF deposited within permissible grace period

Zyg Pharma Pvt. Ltd. Vs. DCIT (ITAT Mumbai) - Zyg Pharma Pvt. Ltd. Vs. DCIT (ITAT Mumbai) While scrutinizing the return of income, the Assessing Officer noticed that the assessee has deposited the employees contribution to provident fund beyond the 15thday of next month and thereby violated the provisions of section 2(24)(x) r.w.s. 36(1)(va) an...

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Companies (Incorporation) Fifth Amendment Rules, 2021

Notification No. G.S.R. 503(E) - (22/07/2021) - MCA notifies Companies (Incorporation) Fifth Amendment Rules, 2021 vide notification no. G.S.R. 503(E) dated 22nd July, 2021. Vide this notification new Rule 33A. Allotment of a new name to the existing company under section 16(3) of the Act is been added after rule 33 of Companies (Incorporation) R...

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Notice by ROC Karnataka for removal of name of 120 LLPs

No. ROCB/LLP Strike off/Sec.75-Rule 37(2)/JTA(M)/2021 - (07/07/2021) - In the matter of 120 Limited Liability Partnerships (List Enclosed) Notice by Registrar for removal of name of a Limited Liability Partnership from the Register [Pursuant to Section 75 of the LLP Act, 2008 and sub-rule (1)(b) rend with Sub-Rule(2) of Rule 37 of LLP Rules, 2009] e-mail: roc.bangaIore...

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MCA Relaxes time for filing forms for creation or modification of charges

General Circular No. 12/2021 - (30/06/2021) - Vide General Circular No. 12/2021 dated 30th June, 2021 MCA has decided that In case of CHG – 1 & CHG – 9 the period from 01.04.2021 till 31.07.2021 shall not be reckoned for the purpose of counting the number of days under section 77 & 78 of the Act. In line with the extension provided...

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MCA extends time for filing of certain forms to 31st August, 2021

General Circular No.11/2021 - (30/06/2021) - Vide General Circular No. 11/2021 dated 30th June, 2021 MCA has decided to grant additional time up to 31st August, 2021 for filling of forms of Companies & LLPs due for filling during 1st April, 2021 to 31st July, 2021 other than charge forms without any additional fees. Accordingly, the due d...

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NCLT to start Regular Hearings from 1.07.2021 through Video Conferencing

Order No. 10/03/2021-NCLT - (25/06/2021) - It has been decided to start regular hearing in NCLT Benches w.e.f. 1.07.2021 through Video Conference on all working days or as mentioned in remarks Column. The Composition of the Benches is as follows:...

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Recent Posts in "Company Law"

Practical Aspects on Incorporation of Foreign Subsidiary Company In India & Indian Company Law on Names, Notary, Apostillation & Consularisation

Practical Aspects On Incorporation of Foreign Subsidiary Company In India and The Indian Company Law on Names, Notary, Apostillation and Consularisation The Indian Companies Act, 2013 (Act) allows the incorporation of Subsidiary Company of Foreign Company in India. The Subsidiary Company of Foreign Company means either controls the compos...

Read More
Posted Under: Company Law |

FAQs on Register of Members, Debenture Holders or Other Security Holders

Important FAQs to Understand Register of Members, Debenture Holders or Any Other Security Holders {Section 88 of Companies Act, 2013 read with The Companies (Management and Administration) Rules, 2014} 1. Where is the Register of Members maintained under Companies Act, 2013?  Ans. Every Company shall maintain register of members from the...

Read More
Posted Under: Company Law |

Incorporation Procedure for Section 8 Company

Procedure for incorporating section 8 companies: (1) Where it is proved to the satisfaction of the Central Government that a person or an association of persons proposed to be registered under this Act as a limited company— (a)  has in its objects the promotion of commerce, art, science, sports, education, research, social welfare, r...

Read More
Posted Under: Company Law |

Increase in Authorized Capital of Company | Companies Act, 2013

The Capital or say fund is backbone if every business. So, this fund is called as Capital in case of Company. The amount of share capital or equity financing a company has can change over time. A company that wishes to raise more equity can obtain authorization to issue and sell additional shares, thereby increasing […]...

Read More
Posted Under: Company Law |

Key features of SPICe+ & Ministry initiative for Ease of Doing Business

Key features of SPICe+ for Greater Ease of Doing Business As part of Government of India’s Ease of Doing Business (EODB) initiatives, the Ministry of Corporate Affairs has deployed a new Web Form christened ‘SPICe+’ (pronounced ‘SPICe Plus’) replacing the earlier SPICe form. SPICe+ offers 11 services by 3 Central Govt Ministries...

Read More
Posted Under: Company Law |

Format of Certificate For Asset Cover

CERTIFICATE To, XYZ ltd This certificate is issued in accordance with the terms of our arrangement with XYZ Private Limited (CIN-), having registered address ……………..IN, vide engagement letter dated ——————–with reference to Appointment of ABC & Associates as the Ch...

Read More
Posted Under: Company Law |

Government identified 2,38,223 companies as shell companies

There is no definition of the term Shell Company in the Companies Act and it normally refers to a company without active business operation or significant assets, which in some cases are used for illegal purpose such as tax evasion, money laundering, obscuring ownership, benami properties etc...

Read More
Posted Under: Company Law |

320 foreign companies registered in India between 2018 and 2021

A total of 320 foreign companies registered in the country during the last three years. This was stated by Union Minister of State for Corporate Affairs Shri Rao Inderjit Singh in a written reply to a question in Rajya Sabha today....

Read More
Posted Under: Company Law |

MCA Due Dates for FY 2020-21 (ROC Compliances)

Article compiles due date of ROC E-Forms for Compliance related to Financial Year 2020-21 stating the Name of e-Form, Object of the E-Form, Time line for Submission of E-Form, Last date for Submission of E-Form and Applicability of E-Form. S.No. E-forms The object of the E-forms Time-Line Last Date Remarks 1. e-Form MSME-1 Form for [&hell...

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Posted Under: Company Law |

Company Law: Evolution And Its Development

This article is based on the evolution, history and development that took place in company. In simple words, how it implemented in India and what were the difficulties faced by law makers at that time to implemented this law in India. We will find the definition of company law in section 2(20) of the Company Law Act, 2013. In this article...

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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.

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