Company Law articles

Class Action under the Companies Act, 2013

Introduction A Class Action is one where a class or group of people with a common grievance join hands to seek relief. It is a cost effective procedural device whereby few people can sue for the advantage of a larger group. The concept of a class action has been part of the legal system of […]...

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Posted Under: Company Law |

Beneficial Interest under Section 90 explained with examples

BEN Interest Section 90 read with Declaration of BEN Interest Notification Ministry of Corporate Affairs vide its Notification dated 8th February, 2019 released a notification regarding disclosure of Beneficial Interest in the Reporting Company by the individual ultimately holding 10% or more of the total shareholding in the Reporting Com...

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Posted Under: Company Law |

Note on Officer in default under Companies Act, 2013

We have analysed the impact of new Companies Act, 2013 with respect to non-compliances and the penalties imposed for the same on the Directors and in this regard we found the following points: (a) The working directors (viz. Managing Director, Whole-time Director, CEO, CFO, Company Secretary) are responsible for all the activities of th...

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Posted Under: Company Law |

Active Company Tagging Identities and Verification

With reference to MCA notification dated 21st February, 2019 (attached herewith) , please note the below – 1. Company incorporated on/ before 31stDecember, 2017, are required to file e-form – ACTIVE (i.e. Active Company Tagging Identities and Verification) disclosing the particulars of the Company and its registered  office on/ bef...

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Posted Under: Company Law |

National Guidelines on responsible Business conduct

Ministry of Corporate Affairs (MCA), Government of India, released a set of guidelines and principles called the National Guidelines on Responsible Business Conduct (NGRBC).  The NGRBC has been designed to assist businesses to perform the requirements of regulatory compliance....

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Posted Under: Company Law |

All About Form INC 22A & rules thereunder

A. Applicability of Form INC 22A– Every Company incorporated on or before 31st  December 2017. B. Companies restricted from filing  INC 22A 1. Companies which has not filed its Financial statements u/s 137 or Its Annual returns u/s 92 or Both 2. Companies in which Directors DIN status is other than approved. C. Companies Not [&hel...

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Posted Under: Company Law |

Issuance of Preference Shares

As per Section 43 of the Companies Act, 2013 Preference Share Capital, with reference to any company limited by shares, means that part of the issued share capital of the company which carries or would carry a preferential right with respect to: (a) payment of dividend, either as a fixed amount or an amount calculated […]...

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Posted Under: Company Law |

Application of Companies Act, 2013 Act to foreign companies

Every foreign company shall, within thirty days of establishment of its place of business in India, in addition to the particulars specified in sub-section (1) of section 380 of the Companies Act, 2013 also deliver to the Registrar for registration, a list of directors and Secretary of such company. A foreign company shall, within a [&hel...

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Posted Under: Company Law |

Form ADT-1 (Appointment of Auditor)- Filing Procedure

FORM ADT-1 SECTION 139, 140 OF THE COMPANIES ACT, 2013 & RULE 4(2) OF THE COMPANIES (AUDIT AND AUDITORS) RULES, 2014 This article will provide you brief understanding about Form ADT-1. Let’s start with its purpose of filing. Form ADT- 1 is filed by every company to intimate the Registrar Of Companies about the appointment […]...

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Compliance to be Made by Companies as per recent amendments

Article discusses for new Forms to be filed by Companies under Companies Act, 2013 wghich includes- A. ACTIVE (Active Company Tagging Identities and Verification), B. Form DPT-3 (RETURN OF DEPOSITS), C. Form 20A (Commencement of Business) and D. Form MSME-1. A. ACTIVE (Active Company Tagging Identities and Verification) MCA – E-FORM ACT...

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Posted Under: Company Law |

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