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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In this write-up, I have discussed the procedure and other things pertaining to buy-back of equity shares of an unlisted public company which is covered under section 68, 69 and 70 of the Companies Act, 2013.
This Ministry has received several representations about the difficulties faced by stakeholders due to deactivation of Digital Signature Certificate (DSC) following en masse resignation of all the directors of a company before appointment of new directors in their places.
Punishment to Company: If any of the provisions of Sec 139 to Sec 146 is contravened then the company shall be punishable with a fine which shall not be less than Rs. 25,000.00 but which may extend to Rs. 5,00,000.00 as provided in section 147 of Companies Act, 2013. Every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to 1 year or fine which shall not be less than Rs. 10,000.00 but which may extend to Rs. 1,00,000.00 or with both.
The Guidance Note provides an overview of reporting requirement u/s 143(12). It also provides detailed guidance wrt various aspects of this reporting requirement like requirements for reporting u/s 143(12), responsibility of management, responsibility of auditor, Issues for consideration by the auditors, Applicability of Standards on Auditing, Audit procedures Technical guidance, Appendices etc.
Where the Central Govt (CG) is of the opinion that the cost records of such class of companies engaged in the production of such goods and providing such services as may be prescribed , is required to be audited , then the CG on consultation with the regulatory bode can demand for cost audit to be conducted.
CS Monika Jain Buy Back means repurchase by a company of its own shares in order to reduce the number of shares in the market. Buy Buck is exercised either to increase the value of shares or to eliminate the threats from the shareholders who may be looking for a controlling stake. The provisions relating […]
Manshi Baid SEC 144 OF THE COMPANIES ACT 2013 AUDITOR NOT TO RENDER CERTAIN SERVICES A person who is appointed as an auditor of a company can render only such services which have been approved by the board of director or the audit committee. But these services should not include the following services:- 1. Accounting […]
Rules Governing the eForm- eForm GNL-4 is required to be filed pursuant to Rule 10 of the Companies (Registration offices and Fees) Rules, 2014 which are reproduced for your reference. Rule 10: Procedure on receipt of any application or form or document electronically (1)The Registrar shall examine or cause to be examined every application or […]
चुकी कम्पनीज एक्ट 2013 जब से आया है एक कंपनी को फण्ड रेज करने के ऊपर बहुत सारे कंडीशन लग गया है I जैसे कंपनी प्राइवेट या पब्लिक निम्न के अलावा किसी से लोन नहीं ले सकती है:- (a) अपने डायरेक्टर से( लेकिन डायरेक्टर लोन लेकर कंपनी को लोन नहीं दे सकती है) (b) किसी ऐसे कंपनी से जहाँ कॉमन डायरेक्टर ना हो (c) किसी बैंक या फाइनेंसियल Institutions से . यदि कंपनी उपरोक्त के अलावा किसी से लोन लेती है तो इसे पब्लिक deposit माना जायेगा, इस तरीके से फण्ड रेज करने का दायरा बहुत ही सिमित कर दिया गया है,पहले प्राइवेट लिमिटेड कंपनी अपने किसी रिलेटिव से, अपने शेयर होल्डर्स से अपने किसी ग्रुप कंपनी से लोन लेकर फण्ड रेज कर लेती थी लेकिन अब फण्ड रेज करने का ये सब तरीका समाप्त हो गया है कंपनी एक्ट के नए प्रावधानों के अनुसार.
‘Secretarial Audit’ has introduced by recently enacted Companies Act, 2013. It is compliance audit, by independent practicing company secretary. The purpose is to detect the non-compliances by companies under Companies Act 2013 and other allied corporate Laws as applicable to the companies.