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...

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’...

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....

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...

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 ...

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....

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...

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...

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...

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...