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.
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Company Law : Ensure compliance with updated Reporting on Audit Trail under Rule 11(g) of the Companies (Audit and Auditors) Rules, 2014 for 202...
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Company Law : Discover the challenges faced by the Institute of Company Secretaries of India in filing Form DPT-3 for FY 2023-24. Learn about te...
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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 ...
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Company Law : Explore the detailed judgment in the Grand Developers Pvt. Ltd. vs. Nitin Batra & Ors. case by NCLAT Delhi, including key argument...
Company Law : Discover the key changes in the Nidhi (Amendment) Rules, 2024. Learn how the new rules impact Nidhi companies and their naming con...
Company Law : General Circular No- 07/2024: Forms IEPF-3 merges with IEPF-4 and IEPF-7 with IEPF-1 in MCA Version 3. Simplifying compliance for ...
Company Law : Circular No. 06/2024 MCA has waived the additional fee for filing various IEPF e-forms (IEPF-1, IEPF-1A, IEPF-2, IEPF-4) and e-ver...
Company Law : IEPF Authority (Accounting, Audit, Transfer and Refund) Amendment Rules, 2024: Streamlining online transfers and updated forms. Re...
Company Law : Check out the latest Companies (Incorporation) Amendment Rules 2024 issued by Ministry of Corporate Affairs, omitting word Nidhi f...
For example Section 197(12) there we have to give difference between remuneration of Directors and employees and as per decided cases Executive Directors are also employees of the Company. For finding out meaning of any word used in Act, the General rule is: First refer to the definition of the word given in that Act. If it is not defined there, refer to the definition given in General Clauses Act 1897. If it is not defined there also, then refer to the dictionary meaning.
A manager is defined under 2(53) of the Companies Act, 2013 (‘Act’), as an individual subject to the superintendence, control and direction of the Board of Directors, has the management of the whole, or substantially the whole, of the affairs of a company, and includes a director or any other person occupying the position of a manager, by whatever name called, whether under a contract of service or not.
Circular/Notification/Order Passed Under Companies Act- 2013 Sr. NO. Date of Circular Title of Circular/Notification/Rule/Order Section / Rule Gist Of Circular CIRCULAR 1. June 10, 2014 Non Requirement of PAN by foreign director or subscriber – A Foreign National who shall be a subscriber/promoter, and does not possess PAN shall submit a declaration in the said […]
Matching concept is a very significant concept of accounting. According to this concept income and expense must be recognised in the period to which they relate. In India, Profit & Loss is computed in accordance with two different sets of provision one set is Profit & Loss as per Companies Act, 2013 (earlier it was Companies Act, 1956) and second one is Profit & Loss as per Income Tax Act, 1961 (for the purpose of computing taxable income).
The First Auditor shall be appointed in the company by Board of Director under section 139(6) or 139(7) of the Companies Act, 2013( in Short, ‘CA,2013)1. Now Section 139(6) of CA, 2013 stated for appointment of first auditor of company other than Government Company and Section 139(7)of CA,2013 states for appointment of First auditor for Government company.
The Ministry of Corporate Affair (MCA) has issued circular Dated: 10th April, 2015 vide Letter No. 1/E/2014/CA/I and same has been notified in official Gazette on 23rd April, 2015. Secretarial standard are applicable on Companies from 1st July, 2015.
About Annual Return- Under section-92 of the companies act, 2013 deals with the annual return of the company. Every company needs to file this with the ROC within 60 days from the date of AGM of the company. Preparation of Annual Return- Every company shall prepare Annual Return in Form No.MGT-7.
As per the provisions of The Companies Act 2013 & Secretarial Standards-I issued by ICSI a company should conduct at least 1 (One) meeting in a quarter i.e. 4 (four) meetings a year (Except One Person Company). Where the company holds only 1 meeting (just complying with the mandatory requirement) in a quarter, the items/proposal which may require urgent approval & implementation would have to wait till next board meeting & this may adversely affect profitability.
Need of Secretarial Standards: Due to following reason, need of Secretarial Standard becomes more inevitable: – Issues where the law is not clear; – Issues where the law is subject to multiple interpretations; – Issues where multiple/divergent practices exist though the law is clear – Secretarial Standards are to integrate, harmonise, standardize and streamline such practices followed by the Company.
For payments of remuneration an understanding of the relevant sections of the Companies Act 2013 is important to identify the relevant conditions to be fulfilled. The computation of net profits of a company in the manner laid out under Section 198 and the eligible limits as stipulated in Schedule V are most critical for determination of remuneration payable.