Company Law India: Read latest Company law news & updates, acts, circular, notifications & articles issued by MCA amendment in companies Act 2013. Article on Loans Company formation XBRL, Schedule VI IFRS.
Company Law : Understand CSR in India, its applicability, permitted activities, non-permitted contributions, penalties for non-compliance, and r...
Company Law : joint audit involves two or more audit firms working together to issue an audit opinion on the financial statements of an organiza...
Company Law : SC rules that NCLT cannot decide on public law matters under MMDR Act in IBC cases, reaffirming High Court jurisdiction under Arti...
Company Law : Pvt Ltd ROC Filing is a essential compliance requirement for non-public confined groups in India. Filing ROC returns on time facil...
Company Law : Learn the ISIN issuance process, required documents, and compliance steps for dematerializing securities under the Companies Act, ...
Company Law : The government addresses SFIO cases, IBC amendments, CSR compliance, and ESG reporting norms for publicly traded companies....
Company Law : Understand MCA V3 user types, registration, and login. Learn how to update profiles and resolve common issues....
Company Law : Find the provisional list of audit firms of listed companies that haven't filed NFRA-2 forms for the reporting period 2023-24. Upd...
Company Law : The Companies Act 2013 mandates corporate governance, transparency, and CSR reporting. Key provisions include financial disclosure...
Company Law : Understand the compliance regime for private limited companies in India, including business closure timelines and government measu...
Company Law : When the corporate debtor failed to pay the outstanding power obligation, appellant subsequently cut off the electrical service. O...
Company Law : The plain reading of the above provisions of Section 60(5)(c) clearly indicates that the NCLT is empowered to adjudicate any quest...
Company Law : NCLAT Delhi quashes CIRP against Alcuris Healthcare, ruling profit-sharing disputes do not constitute operational debt under IBC. ...
Company Law : NCLAT dismisses appeals in Saturn Ventures case, upholding RP’s findings on asset ownership and rejecting fraudulent transaction...
Company Law : NCLAT Delhi held that Liquidator is jurisdictionally empowered to proceed with private sale of Corporate Debtor by adopting Swiss ...
Company Law : The appeal by Maptech Poly Products Pvt Ltd against a penalty for non-maintenance of its registered office was dismissed by the Re...
Company Law : Vishnupriya Hotels' appeal led to a penalty reduction for non-compliance with Section 149(3) of the Companies Act. The company pai...
Company Law : Vishnupriya Hotels appealed against CSR non-compliance penalties. The Regional Director reduced the fine after reviewing submissio...
Company Law : Konoria Plaschem faced penalties for failing to appoint an internal auditor from 2014-2020. The fine was reduced on appeal. Read t...
Company Law : Water & Sanitation (India) for Urban Poor failed to hold board meetings from 2011-2019, leading to penalties. The fine was later r...
Wrongful withholding of company property is an offence and the wrong doer can be proceeded against under section 630 of the Companies Act. Whether this section can be pressed into service even against the legal heirs of past employee is the crucial question examined in the light of recent judicial elucidations.
29th April 2011 -These rules may be called the Companies (Central Government’s) General Rules and Forms ( Amendment ) Rules 2011. (2) These rules shall come into force from 1st May 2011. 2. In the Companies (Central Government’s) General Rules and Forms, 1956, in Annexure ‘A’ for Form 2, Form 3, Form 18, 23C and Form 32, the following Forms shall be substituted ,
CA has now permitted companies to send the Annual Report to the Shareholders through email subject to following conditions: The email address of the shareholder is registered with the Company; Company’s website has full text of the Annual Report and the same is easily accessible; Company has published a notice in local and English newspaper that the copies are put up on the website and are available for inspection; Physical copy would be sent to any member whose email address is not registered; Any member insisting for physical copy would be provided with the same free of cost.
J.G. Engineers Pvt. Ltd. Vs. Union of India & ANR. – The Supreme Court has set aside the judgment of the Gauhati high court and upheld the award of the arbitrator in the dispute over delay in the construction of the extension of the Guwahati airport terminal. The contracted period for completion of the project was 21 months, but it was extended twice. The contractor and the government blamed each other for the delay, and ultimately the government cancelled the contract. The dispute was referred to arbitration and the award was in favour of the construction firm. However, the high court set aside the award, leading to the appeal in the Supreme Court (J G Engineers Ltd vs Union of India). The court held that the contractor was entitled to extension of the period for completion of the work, as the delay was caused by the government. The firm was also entitled to escalation costs for the work done during the extended period. It cannot be imposed penalty for the delay. Moreover, since the delay was caused by the government, it cannot make counter-claims against the firm, the judgment said.
The government has allowed companies to send notices and documents to their shareholders and members electronically in order to facilitate paperless communication. The Green Initiative for Corporate Governance announcement by the Corporate Affairs Ministry comes after the Department of Posts discontinued the postal facility under the ‘Certificate of Posting’.
Status of foreign company without office in India – The Bombay high court has stated that according to Section 591 of the Companies Act a foreign company is one which has a “place of business” within India. The mere fact that a company is doing business in India or that it is a party to a joint venture in India would not mean that it has established a place of business in India, the high court stated in the judgment, Willis Europe BV vs Willis India Insurance Brokers (P) Ltd. The case was about winding up of a company which was a joint venture with a Dutch insurance company doing business in India but had no place of business here.
The Delhi High Court has held that a company is not required to pay the stamp duty on the increased amount of its authorised share capital. A bench headed by Justice S Muralidhar said this while allowing the plea of S E Investments Ltd, which challenged the direction of the Registrar of Companies (ROC) seeking stamp duty on increased amount in authorised share capital.
State wise stamp duty rules for eForm 1, Memorandum of Association (MoA), Articles of Associations (AoA), eForm 5 and eForm 44). Download Stamp duty rates for Form 1, MoA, AoA, and Form 5 for all the states in India. Stamp duty rules for Form 44 Rs. 100 for Delhi and Rs. 50 for all other states/ UTs.
The new Companies Bill, which seeks to replace a 50-year-old Act, will come up for consideration and passage in the Monsoon Session of Parliament. “The Companies Bill will come in for discussion in Parliament in the Monsoon Session,” the Corporate Affairs Minister, Mr Murli Deora, told reporters on the sidelines of a FICCI event here today.
S E Investments Limited Vs Union of India and Others- The Delhi High Court held that there is no provision for charging stamp duty on the increase in authorized stamp duty in Stamp Act. A statute authorizing the levy of stamp duty is in the nature of a fiscal statute, hence stamp duty cannot be levied except by the authority of law. The High Court placed reliance on the Supreme Court of India judgment in the case of AV Fernandez vs. State of Kerala (AIR 1957 SC 657) and
