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 : 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 : Understand purpose, filing requirements, due dates and penalties of Form MSME-1 for companies with outstanding dues to MSME suppli...
Company Law : The board approved the adoption of a new Memorandum & Articles of Association in compliance with the Companies Act, 2013, subject ...
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 : Overview of proposed amendments in the Companies Act, 2013, CSR monitoring framework, and steps to ensure compliance and prevent m...
Company Law : Review CSR activities as mandated under Section 135 of the Companies Act, including sector-wise and state-wise CSR expenditure fro...
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 : Tristar Transport India Pvt. Ltd. fined for delays in filing BEN-1 and BEN-2 under Section 90 of the Companies Act, 2013. Director...
Company Law : Tristar Transport (India) Pvt. Ltd. faces penalties for delayed compliance with Section 90 of the Companies Act, 2013, as per ROC ...
Company Law : Regional Director modifies CSR penalty for Clairvoyant India, waiving fines for directors, and reducing company penalty due to pro...
Company Law : Vatan Textiles Ltd.'s appeal against penalties for delayed annual return filing was rejected due to late submission. RoC Mumbai's ...
Company Law : Vatan Textiles' appeal against penalties for delayed financial statement filing was rejected by the Regional Director, Mumbai, due...
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.
Discover the comprehensive process for incorporating a company in India under the Companies Act, 2013. Learn the steps, from obtaining Digital Signature Certificates (DSC) and Director Identification Numbers (DIN) to name reservation, filing incorporation documents, paying registration fees, RoC approval, obtaining PAN/TAN, and commencement of business. Navigate the complexities with expert guidance for a smooth company formation.
Explore the detailed process of establishing and operating as a foreign company in India under the Companies Act, 2013. Understand the definition of a foreign company, types of places of business, application for registration, compliance requirements, and key considerations for a successful business operation. Seek expert legal guidance for a smooth and compliant registration process in India.
Explore the concept of Dormant Company under the Companies Act 2013 in India. Understand its definition, filing obligations, exemptions, process to acquire and revoke dormant status, and implications. Learn how dormant companies can conserve legal existence while complying with regulatory requirements.
Explore the RUN service under the Companies Act 2013 in India, a digital platform by the Ministry of Corporate Affairs for reserving and modifying company names. Learn about the application process, processing time, name approval, rejection, and its significance in company incorporation. Stay informed for a seamless experience with name reservation.
Sections 10A & 248 of the Companies Act 2013 and Rule 23A of Companies (Incorporation) Rules 2014 in the context of business commencement.
