Company Law

Received notice for removal of Company Name from ROC Register- What to do?

ACTION to be taken against ROC Notice in FORM No. STK - 5 Pursuant to sub-section (1) and sub-section (4) of section 248 of the Companies Act, 2013 and rule 7 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016....

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Simplified Performa for Incorporating Company Electronically ( SPICe)

Now incorporation of company is chipper and first track mode through Simplified Proforma for Incorporating Company Electronically ( SPICe) As per MCA notification dated 29th December, 2016, Ministry of Corporate affair of India amended the incorporation rule and introduce new incorporation procedure called Simplified Performa for Incorpor...

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Which type of business should startups incorporate?

Each unregistered or registered business works below a form and the business is working under what kind of form makes a huge effect on the profits of the business and business as well. Selecting a business form is similar to selecting a car, where various models are available. But you need to pick one which is best for you....

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Did You Receive Strike Off Notice For Your Company?

ROC has power to strike off the Company in case he has reason to believe that the Company has not been carrying on any operation for a period of two years and the ROC forms such opinion in case the Company has not filed its financial statements and annual returns....

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FAQs on Companies (Significant Beneficial Owners) Rules, 2018

What is difference between Beneficial Owner (BO) and Significant Beneficial Owner (SBO)? Beneficial Owner: Every individual, who acting alone or together, or through one or more persons or trust, including a trust and persons resident outside India, holds beneficial interests, in shares of a company or the right to exercise, or the actu...

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ICSI advisory on Additional Fees on Annual Filing of Company Returns

The Institute of Company Secretaries of India had in its mail dated 8th May, 2018 communicated the notification of Companies [Registered Office and Fees) Second Amendment Rules, 2018 by the Ministry of Corporate Affairs along with providing relaxation for the Additional Fees payable in the event of delay wherein the due date of filing of ...

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Task Force on Shell Companies identifies 225910 more companies for being struck-off

2nd drive to be launched during the current Financial Year 2018-19 ; a total of 2,25,910 companies identified for being struck-off under section 248 of the Companies Act ...

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Additional fees for Late Filing of Annual ROC Returns to increase to Rs. 100 per day

It is proposed to amend shortly, the Companies (Registration Offices and Fees) Rules 2014 to levy additional fee @Rs.100 per day for filings under Section 92 (Annual Return) or 137 (Annual Financial Statement) of the Companies Act, 2013. Once notified, the additional fee @Rs.100 per day (beyond the normal date of filing) shall become paya...

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MCA filed prosecution against 780 listed companies for non filing of Annual Returns

Ministry of Corporate Affairs (MCA) has filed prosecution against 780 listed companies under various sections of Companies Act, 2013 due to non-filing of Financial Statements and Annual Returns...

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9,073 cases under consideration in NCLT as on 31.01.2018

9,073 cases are under consideration in NCLT, including 1,630 cases of Merger and Amalgamation; 2,511 cases of insolvency and 4,932 cases under other sections of Companies Act.  The Company Law Board (CLB) set up under Companies Act 1956 stands dissolved with the setting up of National Company Law Tribunal (NCLT). As on 12.03.2018, only o...

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Restore Company name when company expresses its willingness to file ROC returns with late fee: NCLT

Ms. Rashmi Rajpal v. Klienz Herbal (P.) Ltd. (National Company Law Tribunal, Hyderabad Bench) - Ms. Rashmi Rajpal v. Klienz Herbal (P.) Ltd. (National Company Law Tribunal, Hyderabad Bench) Where name of a company was struck off because of delay in filing statutory returns, reasons of which was explained, and, company had expressed its willingness to file all returns along with payment of pr...

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Delhi HC order on Filing of Returns by disqualified Directors under COD Scheme

Ms. Seema Singh Vs. Ms. Maninder Acharya (Delhi High Court) - 1. This bunch of writ petitions have been filed by persons who were directors in companies incorporated under the provisions of the Indian Companies Act, 1956. Apart from these companies, these petitioners have stated in the writ petitions that they were directors of other companies as well. In seve...

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Merger of Partnership Firms under Companies Act, 2013- Is it possible?

M/s. Kediya Ceramics (NCLT Ahemdabad) - A partnership firm can participate in a scheme of amalgamation only after converting itself into a company under section 366 of the Act. Since the vesting of properties and liabilities of such partnership firm to the company is by operation of law [Section 368 of the Act], the succession is exempt f...

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“Liability of Director after Strike off’ and ‘Wound up of Company after Strike off”

Real Time Interactive Media (P.) Ltd V/s Metro Mumbai Infradeveloper (P.) Ltd (Bombay High Court) - In this flash editorial author discusses the provisions of liability of directors after strike off of Company or winding up of Company by tribunal after Struck off in the record of Registrar of Companies....

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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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Companies (Accounting Standards) Amendment Rules, 2018

Notification No. F.No. 17/15 1/2013-CL-V - (18/06/2018) - Amendment in Accounting Standard (AS) 11- An enterprise may dispose of its interest in a non-integral foreign operation through sale, liquidation, repayment of share capital, or abandonment of all, or part of, that operation. The payment of a dividend forms part of a disposal only when it constitute...

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MCA notifies 5 section of Companies (Amendment) Act, 2017 wef 13.06.2018

S.O. 2422(E) - (13/06/2018) - Central Government hereby appoints the 13th June, 2018 as the date on which provisions of Section 22, Section 24,Section 25, Section 26, and Section 71 of Companies (Amendment) Act, 2017 shall come into force ...

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Companies (Management and Administration) Second Amendment Rules, 2018

G.S.R. 560(E). - (13/06/2018) - (1) These rules may be called the Companies (Management and Administration) Second Amendment Rules, 2018. (2) They shall come into force on the date of their publication in the Official Gazette....

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Companies (Significant Beneficial Owners) Rules, 2018

G.S.R. 561(E) - (13/06/2018) - significant beneficial owner means an individual referred to in sub-section (1) of section 90 (holding ultimate beneficial interest of not less than ten per cent.) read with sub section (10) of section 89, but whose name is not entered in the register of members of a company as the holder of such sh...

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Companies (Registered Valuers and Valuation) Second Amendment Rules, 2018

G.S.R. 559(E) - (13/06/2018) - These rules may be called the Companies (Registered Valuers and Valuation) Second Amendment Rules, 2018.They shall come into force on the date of their publication in the Official Gazette....

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Recent Posts in "Company Law"

Received notice for removal of Company Name from ROC Register- What to do?

ACTION to be taken against ROC Notice in FORM No. STK - 5 Pursuant to sub-section (1) and sub-section (4) of section 248 of the Companies Act, 2013 and rule 7 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016....

Read More
Posted Under: Company Law |

Simplified Performa for Incorporating Company Electronically ( SPICe)

Now incorporation of company is chipper and first track mode through Simplified Proforma for Incorporating Company Electronically ( SPICe) As per MCA notification dated 29th December, 2016, Ministry of Corporate affair of India amended the incorporation rule and introduce new incorporation procedure called Simplified Performa for Incorpor...

Read More
Posted Under: Company Law |

Which type of business should startups incorporate?

Each unregistered or registered business works below a form and the business is working under what kind of form makes a huge effect on the profits of the business and business as well. Selecting a business form is similar to selecting a car, where various models are available. But you need to pick one which is best for you....

Read More
Posted Under: Company Law |

Did You Receive Strike Off Notice For Your Company?

ROC has power to strike off the Company in case he has reason to believe that the Company has not been carrying on any operation for a period of two years and the ROC forms such opinion in case the Company has not filed its financial statements and annual returns....

Read More
Posted Under: Company Law |

FAQs on Companies (Significant Beneficial Owners) Rules, 2018

What is difference between Beneficial Owner (BO) and Significant Beneficial Owner (SBO)? Beneficial Owner: Every individual, who acting alone or together, or through one or more persons or trust, including a trust and persons resident outside India, holds beneficial interests, in shares of a company or the right to exercise, or the actu...

Read More
Posted Under: Company Law |

All about Companies (Significant Beneficial Owners) Rules, 2018

The Ministry of Corporate Affairs vide its notification dated the 13th of June, 2018 introduced the Companies (Significant Beneficial Owners) Rules, 2018. In this editorial author shall discuss the basics about ‘Beneficial Ownership’, and Significant Beneficial Ownership legal provisions about beneficial ownership, compliance requirem...

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Posted Under: Company Law |

Process and Benefits of Dematerialisation of Shares

Till now, Dematerialisation of Shares was a mandatory requirement for a listed entity to have its 100% promoter shareholding and 50% non promoter shareholding in demat form. But now, as a part of its drive to lift the corporate veil, target benami transactions and bring more transparency, the government plans to make it compulsory for [&h...

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Posted Under: Company Law |

Note on Debentures and Preference shares

Article explains Meaning and Nature of Debentures and Preference shares . It further explains Status of Debenture / Preference share Holders, Obligation to Company of Debenture / Preference share Holders and further explains Share of Profits, Tax Benefit, Cheaper source of Finance, Effect on Authorized capital and Blockage of funds in i...

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Posted Under: Company Law |

Beneficial Ownership Under Companies Amendment Act, 2017

A giant step has been taken by the Ministry of Corporate Affairs (MCA) by its notification dated 13/06/2018, notifying the Companies (Significant Beneficial Owners) Rules, 2018 along with Section 90 of the Companies Act, 2013 as amended by the Companies Amendment Act, 2017 to eradicate money laundering, avoidance and evasion of laws and r...

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Posted Under: Company Law |

Exemption – Private Limited Company Under Section 185

Article focuses on Section 185 of Companies Act, 2013 as amended by Companies Amendment Act, 2017 on the issue whether Exemptions are available to private limited companies u/s 185 as per notification?...

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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.