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 Section 186 of the Companies Act, 2013, covering company loans, investments, and compliance requirements, including boa...
Company Law : Key compliance duties for company directors under the Companies Act, 2013, including disclosures, declarations, KYC, and meeting a...
Company Law : Learn the process and benefits of converting a Limited Liability Partnership (LLP) into a Private/Public Company under the Compani...
Company Law : Learn about the rights issue of shares under Companies Act 2013. Explore the process, key points, and steps for issuing shares to ...
Company Law : Tax implications of the Finance Bill 2024 on share buybacks. Key changes, examples, and their impact on shareholders' tax liabilit...
Company Law : Overview of foreign company closures, active subsidiaries, job losses in the auto industry, and investment data from 2014 to 2024....
Company Law : Explore the current status of pending cases in NCLT and NCLAT as of August 2024, reasons for delays, and the government's strategi...
Company Law : Explore the latest status of the MCA21 e-Governance program, Certified Filing Centres in Haryana, impact on corporate filings, and...
Company Law : Govt. of India's recent measures to enhance corporate governance, prevent fraud, and ensure effective CSR practices. Insights on r...
Company Law : Discover how C-PACE accelerates the company exit process from 2 years to under 90 days, streamlining operations and reducing backl...
Company Law : NCLAT Delhi upholds the jurisdiction of the Adjudicating Authority to determine fees and expenses of the Resolution Professional i...
Company Law : NCLAT Delhi held that personal liability cannot be fastened on Resolution Professional for any payment made after CIRP, where such...
Company Law : It is not the scope & objective of IBC to include Banks Financial Institutions who advanced loans to Home Buyers to be considered ...
Company Law : Explore the Calcutta High Court's decision in Uphealth Holdings, INC. Vs Dr. Syed Sabahat Azim & Ors. regarding the applicability ...
Company Law : Read the full NCLT judgment where Zee Entertainment Enterprises Limited sought to withdraw its merger with Sony Groups, impacting ...
Company Law : RGPL Commodities Pvt Ltd faces penalties under Section 89(6) of the Companies Act, 2013 for delayed filing of e-Form MGT-6. Total ...
Company Law : GM Elektra Pvt Ltd fined ₹1,88,500 by ROC Mumbai for delayed filing of BEN-2 under Section 90 of the Companies Act, 2013. Direct...
Company Law : Registrar of Companies penalizes Paramount Dye Tec Limited for not disclosing trading activity in its MOA, violating Section 4(1)(...
Company Law : Penalty imposed on Singodwala Warehousing for non-compliance with Section 62(3) of Companies Act. Fine details and appeal process ...
Company Law : MBL Infrastructure Ltd. faces scrutiny under Section 90 of the Companies Act for non-compliance. Details on adjudicating officer's...
Merger and amalgamation are restructuring tool which helps companies in expansion and diversification of their business and to achieve their underlying objectives. Merger means an arrangement whereby one or more existing companies merge their identity into another to form a new entity which may or may not be one of those existing entities.
Discover the importance of maintaining a ‘true and fair view’ in financial statements and the crucial role of auditors in ensuring compliance. Learn about the statutory obligations, requirements, and responsibilities of auditors and directors to present accurate and unbiased financial information. Gain insights into the meaning of ‘true’ and ‘fair’ in accounting, the concept of substance over form, and the need for reliable and independent assessments.
An in-depth guide explaining the legal provisions and procedural nuances governing share transfers in listed, unlisted public, and private companies in India.
Stay compliant with the Companies Act, 2013! Use our Board Resolution format to officially note and record disclosures of interest from directors in your company. Ensure transparency and adhere to legal requirements.
This article offers an in-depth exploration of the Independent Director Data Bank (IDDB) in India, highlighting its purpose, key features, compliance requirements, and consequences of non-compliance.
his article provides a comprehensive understanding of sweat equity shares, as defined by the Companies Act, 2013, in India. It covers key aspects such as the definition, approval process, valuation, disclosure requirements, restrictions, and tax implications.I. Introduction to Sweat Equity Shares In the realm of corporate finance, sweat equity shares hold a special place. As per the Companies Act, 2013, they represent a type of equity share that a company issues to its directors or employees in recognition of their contributions, skills, or efforts, which often go beyond monetary transactions. II. Defining Sweat Equity Shares Sweat equity shares are those equity shares issued by a company to its directors or employees either at a discount or for considerations other than cash. These shares are often awarded based on the intellectual property rights, technical knowledge, or any form of value addition that the recipient has brought to the company. III. Approval Process for Issuing Sweat Equity Shares The issuance of sweat equity shares isn’t a straightforward process; it requires the approval of the company’s shareholders through a special resolution passed in a general meeting. This resolution should distinctly outline the total number of sweat equity shares to be issued, the category of directors or employees eligible to receive them, the consideration for the shares, and the timeframe within which the shares should be issued. IV. Valuation of Sweat Equity Shares When it comes to sweat equity shares, their valuation is crucial. This must be carried out by a registered valuer who assesses the fair market value of the shares. It’s critical to obtain the valuation report prior to the issuance of the sweat equity shares. V. Lock-in Period and Transferability of Shares Sweat equity shares are subjected to a lock-in period of three years from the date of their allotment. During this period, these shares cannot be transferred or sold by the recipients, ensuring that the awarded individuals remain committed to the company. VI. Disclosure Requirements Transparency is a significant part of the sweat equity shares issuance process. The company is required to disclose the details of the issued sweat equity shares in its annual financial statements. These details encompass the class of directors or employees who received them, the number of shares issued, the rationale for issuing them, and the valuation report. VII. Restrictions and Limitations on Issuing Sweat Equity Shares The Companies Act places certain restrictions and limitations on the issuance of sweat equity shares. For example, a company cannot issue sweat equity shares exceeding 15% of its paid-up share capital in a year, or shares of a value exceeding 25 lakh rupees in any financial year. VIII. Tax Implications of Sweat Equity Shares The issuance of sweat equity shares can carry potential tax implications for both the issuing company and the recipients. Therefore, it is advisable to consult with tax professionals or experts to comprehend these tax implications and comply with the applicable tax laws. In conclusion, issuing sweat equity shares necessitates strict adherence to the provisions of the Companies Act, 2013, and relevant rules or regulations. Companies should ensure that the issue of these shares is done in accordance with the prescribed procedures, approvals, and disclosure requirements, thereby ensuring legal compliance and transparency.
Get insights into the form DPT-3, its applicability, filing process, and purpose under the Companies Act, 2013. Understand how timely compliance can mitigate legal repercussions and foster transparency in your company’s operations.
Mandatory requirement of appointing a Company Secretary (CS) under Companies Act, 2013, exploring applicability, qualifications, roles, responsibilities, and appointment process.
Delve into the intricate process of fast-track mergers in India as per the Companies Act. Understand eligibility, the procedural dynamics, and essential post-merger compliance in this comprehensive guide.
A detailed analysis of the process of demergers under the Companies Act in India, highlighting the purpose, procedure, approval process, consequences, and compliance requirements.
