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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The Minister of State in the Ministry of Corporate Affairs today informed the Rajya Sabha that the Companies Bill 2011 is under finalization based on recommendations of the Parliamentary Standing Committee on Finance and inputs received from all relevant interest groups.
Replying to a written question the Minister said where any company is found violating the provisions of the Sections 62, 63, 68 and 628 of the Companies Act, 1956, prosecutions are filed against such companies and their officers in default. In case of non-availability of the companies and their directors, FIRs are filed. If circumstances warrant, private detective agencies are also engaged to trace out the disappeared companies and their directors.
The Minister of State in the Ministry of Corporate Affairs Shri R.P.N. Singh today informed the Rajya Sabha that As per latest information available, 3112 companies incorporated outside India and having place of business in India have registered their documents under Section 592 of the Companies Act, 1956. Out of this, no company is operating from Bihar.
In the instant case, the respondent-company failed to file Form No. 8 with the concerned RoC. Therefore, the RoC, is directed to exercise his powers under section 234(1) by calling information with regard to filing of Form No. 8 and direct the respondent-company to make good the default in non-filing of e-form No. 8 under section 125. In case the respondent-company fails to comply with the order, the RoC may take appropriate action against the respondent-company in accordance with law.
In order to give an opportunity to the defaulting companies to enable them to make their default good by filing such belated documents and to become a regular compliant in future, the Ministry, in exercise of the powers under Section 611(2) and 637B (b) of the Companies Act, 1956 has decided to introduce a Scheme namely, ‘Company Law Settlement Scheme, 2011,’ condoning the delay in filing documents with the Registrar, granting immunity from prosecution and charging additional fee of 25 percent of actual additional fee payable for filing belated documents under the Companies Act, 1956 and the rules made there under. The scheme shall come into force on the 12th Aug, 2011 and shall remain in force up to 31st Oct, 2011. General Circular No.59 /2011
Corporate Identity Number The Minister of State in the Ministry of Corporate Affairs Shri R.P.N. Singh today informed the Lok Sabha that the Corporate Identity Number (CIN) is mandatory for all types of companies registered in India and no company can function with out a CIN.
The Ministry of Corporate Affairs has recognized participation by shareholders in the Annual General Meetings under the Companies Act, 1956 for all companies through video conference. Vide General Circular No. 35/2011 , Dated: 06.06.2011 issued by the Ministry, it is proposed to be mandatory for all listed companies for financial year 2012-2013 and onwards.
The Minister of State in the Ministry of Corporate Affairs Shri R.P.N. Singh today informed the Lok Sabha that the statutory auditors of the companies incorporated under the Companies Act are appointed u/s of the Act. Replying to a written question the minister said there is no proposal to have the statutory auditors appointed by a Regulatory Authority in respect of listed companies like in the cases of Banks and Government Companies.
The Minister of State in the Ministry of Corporate Affairs Shri R.P.N. Singh today informed the Lok Sabha that whether Government has enumerated or identified such registered companies which are inactive, dormant and have been in such mode for at least ten years.
In each case the OL will file an application praying to the Court to direct the management of the company to submit following information duly verified by a Chartered Accountant/a Company Secretary/a Cost Accountant in practice: Now in case of winding up, the CS, ICWA may also verify the information
