Company Law articles

Conversion of Loan into Equity share Capital of the Company

Certain advantages for conversion of loan into equity share capital of the Company: No cash exchange occurs in the debt-to-equity swap. Increasing cash flow by decreasing liabilities. Avoidance to paucity of financial resources. Process chart for Conversion of Loan into Equity shares Section 62 (3) of Companies Act, 2013 Phase 1: Importan...

Read More
Posted Under: Company Law |

Person in whose advice, directions or instructions Board of Directors of a company accustomed to act

It is very much clear that the expression ‘any person in whose advice, direcctions or instructions the Board of Directors of a company accustomed to act’ is of utmost relavance as the expression has been used at various places in the Companies Act, 2013 alongside with Section 2(69) which defines the term ‘Promoter’...

Read More
Posted Under: Company Law |

Significant Beneficial Ownership Decoded

Soon after the SBO Rules came into effect, stakeholders started facing numerous difficulties in complying with the SBO disclosure norms, which obligated the MCA to revise the reporting norms and representation were made to MCA to issue a new Form altogether....

Read More
Posted Under: Company Law |

Significant Beneficial Owner – Lifting of Corporate Veil!

On June 14, 2018, MCA issued the Companies (Beneficial Interest and Significant Beneficial Interest) Rules 2018 and enforced section 90 of the Act. On Feb 8, 2019, MCA has notified the revised rules on SBO. The sole objective of these rules is ‘to identify the ultimate beneficial individual or group of individuals who have control or o...

Read More
Posted Under: Company Law |

Process of appointment of new auditor in place of retiring auditor and giving of special notice thereof

Resolutions requiring special notice- Interpretation of Section 115 with Section 140(4) and 139(9) of Companies Act, 2013 Text of Section 115 of Companies Act, 2013 Resolutions requiring special notice. 115. Where, by any provision contained in this act or in the articles of a company, special notice is required of any resolution, notice ...

Read More
Posted Under: Company Law |

Conversion of Public Company into Private Company: Practice & Procedure

Companies Act, 2013 (Act) provides for conversion of companies from one form to another. One such important conversion is conversion of public company to private company....

Read More
Posted Under: Company Law |

Objective of Section 89 & 90 | Beneficial Interest | Companies Act 2013

OBJECTIVE OF SECTION 89 & 90 OF COMPANIES ACT, 2013 IN RESPECT OF ‘BENEFICIAL INTEREST’ Although both the provisions are based on two concepts ‘beneficial interests’ & ‘beneficial owner’. Both these terms are to be understood in respect of both the Sections and although both sections are based o...

Read More
Posted Under: Company Law |

Who is Significant Beneficial Owner Illustration And FAQ on BEN-2

Calendar of the Events : MCA on 15th February 2018, came out with draft of Companies (Beneficial Interest and Significant Beneficial Interest) Rules 2018. On June 14, 2018, MCA issued the Companies (Beneficial Interest and Significant Beneficial Interest) Rules 2018 and enforced section 90 of the Amendment Act. On Feb 8, 2019, MCA has not...

Read More
Posted Under: Company Law |

Procedure for Conversion of Public Company into Private Company

Over the recent years compliances for public Companies has been increased like transfer of shares into demat forms, allotment of new shares into demat form, etc. and therefore, many closely held companies are getting themselves converted into a private limited. Private limited company is easier to operate, enjoys a set of exemptions and m...

Read More
Posted Under: Company Law |

Constitution of Various Committees by Board of Directors

COMMITTEES – Committees are generally formed to perform some expertise work. -Members of the committee are expected to have expertise in the specified field. -Committees are usually formed as a means of improving board effectiveness and efficiency, in areas where more focused, specialized and technical discussions are required. Boar...

Read More
Posted Under: Company Law |

Browse All Categories

CA, CS, CMA (4,180)
Company Law (4,836)
Custom Duty (7,325)
DGFT (3,955)
Excise Duty (4,224)
Fema / RBI (3,779)
Finance (3,955)
Income Tax (30,258)
SEBI (3,150)
Service Tax (3,460)