Company Law articles

Annual Compliance calendar for Unlisted Companies for FY 2020-21 (Companies Act, 2013)

Annual Compliance calendar for Unlisted Companies for the Financial Year (FY) 2020-21 [Under the Companies Act, 2013] Sr. No. Compliance Section & Rule Form Occurrence Due Date 1.        Intimation by Director about disqualification Section 164(2) of the Companies Act, 2013 read with Rule 14(1) of the Companies (Appointment and ...

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Adjudication of Penalties under Companies Act 2013- Analysis

What is an Offence? The term ‘Offence’ is not defined under the Companies Act 2013 (the ‘Act’). Sec 3(38) of the General Clauses Act, 1897 ‘Offence’ means any act or omission made punishable by any law for the time being in force. Section 2(n) of the Criminal Procedure Code ‘Offence’ means a...

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Loan to Directors etc. – Deletion of Non-obstante clause by Companies (Amendment) Act, 2017

Loan to Directors etc. – Deletion of Non-obstante clause by the Companies (Amendment) Act, 2017  Section 185 of the Companies Act, 2013 (CA, 2013) was notified on September 12, 2013 and came into force on the same date replacing the old Section 295 of the Companies Act, 1956 (Erstwhile Act) which provides for loans to directors. ...

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Section 8 Company-Exemptions & Applicability of provisions

Compendium of Exemptions and Applicability of provisions under Companies Act, 2013 with modifications Ministry of Corporate Affairs (‘MCA’) vide notification dated 5th June, 2015, exempted Section 8 Companies from complying with certain provisions of the Companies Act, 2013 (‘Act, 2013’ or ‘Act’ or CA 2013) as ...

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Application to Central Government by Nidhi Companies

As per Nidhi (Amendment) Rules, 2019, Rule 3A, 23A & 23B was inserted in Companies (Nidhi) Rules, 2014 which came into effect w.e.f. 15.08.2019. Accordingly Every Nidhi company whether incorporated before or after 15.08.2019 are required to get itself declared as Nidhi by filing form NDH-4. > Rule 3A of Companies (Nidhi) Rules, 201...

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Loan to Directors etc. – Exemption to Private Company -Still available?

Loan to Directors etc. Exemption to Private Company by Notification June 5, 2015-Whether still available after Companies (Amendment) Act, 2017 [Ref: Exemption Notification No GSR 464(E), June 5, 2015 & Companies (Amendment) Act, 2017] Section 185 of the Companies Act, 2013 (“CA, 2013”) was notified on September 12, 2013 and came...

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Annual Filing for Companies for Financial Year Ended on 2020

What is Annual Filing? Annual filing has no definite or fixed definition or explanation. It is a general term used by stakeholders/ professionals in regard to company for filing the mandatory forms to concerned department like Registrar of Companies, Income Tax Department, GST, etc. for containing all the major working of the company. Thi...

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Monthly Information Bulletin on Corporate Sector December 2020

The total number of companies registered in the country as on 31st December, 2020 stood at 2108614. Of them 753091 companies were closed. 2247 companies were assigned dormant status as per the Companies Act, 2013; 6841 were under liquidation; 39913 companies were in the process of being struck-off....

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Threshold Limits For Companies Act 2013 Compliances

Companies Act 2013 stipulates various compliances which every company incorporated under the provisions of the Act are required to adhered to. There are some compliances whose applicability depends on the type of Company, paid up capital, turnover etc. Below is given a gist of all such compliances. Annual Return Certification Sec 92 Forma...

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Fiduciary Duties of a Director and Role as an Agent

An overview of the fiduciary duties of Directors under Indian law. Section 166 of the Companies Act, 2013 lays down the fiduciary duties of Directors. They owe these duties not to individual entities of the Company e.g.- shareholders, creditors, etc.; but solely to the Company. These are- (i) Director should be acting in accordance with [...

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