Company Law

Nomination and remuneration committee

Corporate Governance Corporate Governance is a system by which companies are directors and controlled. Board of the directors of company has to ensure that efficient corporate governance structure is in place. These Corporate Governance committees if set up properly ensure that the business runs smoothly, it helps the company in framing c...

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CFSS 2020- Opportunity For defaulting Companies

Companies Fresh Start Scheme 2020| Unique Window Of Opportunity For Defaulting Companies Upon the COVID-19 outbreak which has shaken the entire world Ministry of Corporate affairs has given light to the ‘Defaulting Companies’ to combat with economic disruptions and also to make a fresh start on a clean slate, In furtherance to...

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Immunity dose for Defaulting Companies | CFSS 2020 | FAQs

Immunity dose for Defaulting Companies- Companies Fresh Start Scheme, 2020 (CFSS 2020) | Frequently Asked Questions Amid all the chaos of COVID-19, MCA and SEBI are issuing notifications, orders, regulations, guidelines and advisories to give relaxations for their mandatory compliance. In additions to these, MCA has come out with Companie...

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Simplified STEP WISE PROCEDURE to Incorporate A Company

DIFFICULT TO INCORPORATE A COMPANY ON MCA PORTAL? Article explains Simplified STEP WISE PROCEDURE for Incorporation of Company in India on MCA Website using different type of Incorporation Forms. Article also explains document required for incorporation of different Types of company in India with SPICE+ Form i.e. Private Limited Company (...

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Preferential Issue of Shares under Companies Act, 2013

1. The issue of shares on a preferential basis is governed by Section 62(1)(c) of the Companies Act, 2013 and Rule 13 of the Companies (Share Capital and Debentures) Rules, 2014. 2. In accordance with the provisions of Section 62(1)(c) of the Act, where at any time, a company having a share capital proposes to […]...

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Activate ‘Deactivated’ DIN without any filing fees till 30.09.2020

DIN holders of DINs marked as ‘Deactivated’ due to non-filing of DIR-3KYC/DIR-3 KYC-Web and those Companies whose compliance status has been marked as ‘ACTIVE non-compliant’ due to non-filing of Active Company Tagging Identities and Verification (ACTIVE) eform are encouraged to become compliant once again in pursuance of t...

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ICSI Request for relaxation in filing of ROC forms & compliances

While fully appreciating the measures undertaken by the Ministry of Corporate Affairs allowing the Companies to hold their Board Meetings through audio visual means even for the restricted items till 30th June 2020, taking cognizance of the gravity of the public health situation, we request your good-self to kindly consider the relaxation...

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COVID-19- Companies & LLPs to file web Form CAR

The web form named CAR. (Company Affirmation of Readiness towards COVID-19) should be filed by an authorized signatory of Companies & LLPs. CAR-2020 shall be deployed on the 23rd of March, 2020....

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Sensitization of Nidhi companies towards section 406 compliance

Sensitization of Nidhi companies towards compliance of provisions of section 406 of Companies Act, 2013 and Nidhi Rules, 2014 as amended vide Nidhi (Amendment) Rules, 2019 w.e.f 15.08.2019 and general public to invest in genuine and compliant Nidhis only. In order to make regulatory regime for Nidhi Companies more effective and also to ac...

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Allow companies to consider Restricted Matters via video conferencing: ICSI

ICSI has made a request to MCA to allow participation of directors in a meeting through video conferencing or other audio visual means in which following Restricted matters can be discussed which are otherwise not allowed- a) the approval of the annual financial statements; (b) the approval of the Board’s report; (c) the approval of...

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NCLAT releases Flipkart India from Corporate Insolvency Resolution Process (CIRP)

Neeraj Jain Vs Cloudwalker Streaming Technologies Pvt. Ltd. (NCLAT) - Neeraj Jain Vs Cloudwalker Streaming Technologies Pvt. Ltd. (NCLAT) we have found that demand notice delivered under Section 8(1) of the Code was not proper and was also incomplete. The Operational Creditor failed to submit any documents to prove in existence of the Operational debt and the amount i...

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NCLAT dismisses pleas of IL&FS auditors Deloitte & KPMG against impleadment

Deloitte Haskins & Sells LLP. Vs Union of India (NCLAT) - Various acts  of IL&FS like over borrowing were prejudicial to the public interest which had cascading impact on various sectors of the economy and the red signals were raised against the IL&FS by the country and even by the department of economic affairs of the country, therefore, before passing a...

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Difference between ‘Adjudicating Authorities’ & ‘Court’: NCLAT clarifies

Vijay Pal Garg & Ors. Vs Pooja Bahry (NCLAT) - Adjudicating Authorities cannot possess the power to direct the Central Government to conduct/order the investigation against any company. Taking a look at Section 210(3) of the Act, it is clear that the Central Government ought to conduct an investigation into the affairs of the Company by appointi...

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HC: No interim relief to directors who were disqualified u/s 164(2)

Satish Kumar Gupta Vs Union of India (Bombay High Court) - Where a director was disqualified under section 164(2) of the Companies Act 2013 for not filing Financial Statements and Annual Returns continuously for a period of three years, then, the disqualification was incurred and no interim relief  was to be granted for the same as these were ministerial o...

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Whether NCLT Moratorium Order covers pending GST proceedings

National Plywood Industries Ltd. Vs Union of India And Anr. (Gauhati High Court) - National Plywood Industries Ltd. Vs Union of India And Anr. (Gauhati High Court) In the given case the issue under consideration is whether the order of moratorium of the National Company Law Tribunal also covers the proceeding pending before the GST authorities under the GST Act 2017? The Hon’ble...

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Details of Companies Fresh Start Scheme, 2020 (CFSS-2020)

The Ministry of corporate affairs issued a scheme known as Companies fresh start Scheme 2020 (CFSS-2020) condoning the delay in filing of documents with the ROC at a normal fee only and grant immunity from launching of prosecution for imposing penalty on account of delay associated with certain fil...

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Companies Fresh Start Scheme, 2020

General Circular No. 12/2020 - (30/03/2020) - Central Government introduce a Scheme namely Companies Fresh Start Scheme, 2020 (CFSS-2020) condoning the delay in filing the specified documents with the Registrar, insofar as it relates to charging of additional fees, and granting of immunity from launching of prosecution or proceedings for imposi...

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Contribution to PM CARES Fund shall qualify as CSR expenditure

eF. No. CSR-05/1/2020-CSR-MCA - (28/03/2020) - The PM-CARES Fund has been set up to provide relief to those affected by any kind of emergency or distress situation. Accordingly, it is clarified that any contribution made to the PM CARES Fund shall qualify as CSR expenditure under the Companies Act 2013....

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MCA defers applicability of CARO 2020 to 1st April 2020 (FY 2020-21)

S.O. 1219(E) - (24/03/2020) - MCA has vide its order dated 24th March 2020 announced that CARO 2020 will applies, for the financial years commencing on or after the 1st April, 2020 instead of financial years commencing on or after the 1st April, 2019. Decision is been take considering recent Outbreak of Corona Virus. GOVERNMENT ...

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COVID-19 – Special relief Measures for Companies & LLP

General Circular No. 11/2020 - (24/03/2020) - In order to support and enable Companies and Limited Liability Partnerships (LLPs) in India to focus on taking necessary measures to address the COVID-19 threat, including the economic disruptions caused by it, the following measures have been implemented by the Ministry of Corporate Affairs to redu...

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Recent Posts in "Company Law"

Nomination and remuneration committee

Corporate Governance Corporate Governance is a system by which companies are directors and controlled. Board of the directors of company has to ensure that efficient corporate governance structure is in place. These Corporate Governance committees if set up properly ensure that the business runs smoothly, it helps the company in framing c...

Read More
Posted Under: Company Law |

CFSS 2020- Opportunity For defaulting Companies

Companies Fresh Start Scheme 2020| Unique Window Of Opportunity For Defaulting Companies Upon the COVID-19 outbreak which has shaken the entire world Ministry of Corporate affairs has given light to the ‘Defaulting Companies’ to combat with economic disruptions and also to make a fresh start on a clean slate, In furtherance to...

Read More
Posted Under: Company Law |

Immunity dose for Defaulting Companies | CFSS 2020 | FAQs

Immunity dose for Defaulting Companies- Companies Fresh Start Scheme, 2020 (CFSS 2020) | Frequently Asked Questions Amid all the chaos of COVID-19, MCA and SEBI are issuing notifications, orders, regulations, guidelines and advisories to give relaxations for their mandatory compliance. In additions to these, MCA has come out with Companie...

Read More
Posted Under: Company Law |

Simplified STEP WISE PROCEDURE to Incorporate A Company

DIFFICULT TO INCORPORATE A COMPANY ON MCA PORTAL? Article explains Simplified STEP WISE PROCEDURE for Incorporation of Company in India on MCA Website using different type of Incorporation Forms. Article also explains document required for incorporation of different Types of company in India with SPICE+ Form i.e. Private Limited Company (...

Read More
Posted Under: Company Law |

Preferential Issue of Shares under Companies Act, 2013

1. The issue of shares on a preferential basis is governed by Section 62(1)(c) of the Companies Act, 2013 and Rule 13 of the Companies (Share Capital and Debentures) Rules, 2014. 2. In accordance with the provisions of Section 62(1)(c) of the Act, where at any time, a company having a share capital proposes to […]...

Read More
Posted Under: Company Law |

Declaration and Payment of Dividend under Companies Law

SECTION 123 TO 127 OF COMPANIES ACT, 2013 READ WITH THE COMPANIES (DECLARATION AND PAYMENT OF DIVIDEND) RULES, 2014 DIVIDEND- SECTION 2(35) Where in simple words, dividend can be defined as the sum of money paid by a company, to its shareholders, out of the profits made by a company, if so authorised by its […]...

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Posted Under: Company Law |

Rights Issue, ESOP, Sweat Equity Shares & Preferential Issue of Shares

Article explains and compares Governing Section, Meaning, Applicability, Conditions / Restriction, Pricing / Valuation Report for issue of share capital under Rights Issue, Employee Stock Option Scheme, Sweat Equity Shares and Preferential Issue. A Comparative Chart showing the different ways of issue of share capital under Rights Issue, ...

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Posted Under: Company Law |

Video Conferencing Under Companies Act 2013

The importance of video conferencing is burgeoning in the current scenario not only in the corporate world but also in other administrative machinery. In corporate milieu, there are a plethora of laws and compliances, and sometimes it is difficult for directors and others to attend the meeting in person, here comes the video conferencing ...

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Posted Under: Company Law |

FAQs on Companies Fresh Start Scheme, 2020 with analysis

Introduction Ministry of Corporate Affairs (MCA) vide its general circular no. 12/2020 dated 30.03.2020 has introduced Companies Fresh Start Scheme, 2020 by providing a golden opportunity to the defaulting Companies/Non-Complaint Companies registered in India to make a fresh start to complete their pending compliances by removing the levy...

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Posted Under: Company Law |

Striking off of Company- Rules, Procedures & Applicability

Every company is started with a vision to run its business forever, but not all business are successful in long run. As we already are aware, that there is certain procedure to incorporate a company, run a company, likewise there is specific procedure to close a company. As on date, there are two ways to […]...

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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.