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 Central Government hereby delegates to the Regional Directors at Mumbai, Kolkata, Chennai, Noida and Ahemdabad, the powers and functions of the Central Government under the following provisions of the said Act, namely:- Section 22, Sub-sections (3),(4),(7) and clause (a) of sub-section (8) of section 224, Section 297 (1) Proviso, Section 394-A, Section 400, Second proviso to sub-section (5) of section 439 and sub-section (6) of the said section, Clause (a) of sub-section (1) of section 496, Clause (a) sub-section (1) of section 508, Sub-section (1) of section 551, Clause (b) of sub-section (7) of section 555 and the proviso to clause (a) of subsection (9) of the said section, Provisos to sub-section (1) of section 610, and Section 627.
In exercise of the powers conferred sub-section (1) of section 620 of the Companies Act, 1956 (1 of 1956), the Central Government hereby makes the following further amendments in the notification of the Government of India erstwhile Ministry of Law and Justice and Company Affairs (Department of Company Affairs) number, SRO 355, dated the 7th January, 1957, namely :- In the said notification, in paragraph (2), sub-paragraph (i) shall be omitted. This notification shall come into force on the date of its publication in the Official Gazette.
In continuation with their endeavour to help the Corporate sector in India operate with maximum ease in a regulated environment, the Ministry of Corporate Affairs (MCA) has issued two General Circulars (the circulars) in last week in relation to simplifying the process of incorporating a Company in India (General Circular No. 6/2011 dated 8 March 2011) and making compulsory e-payment of fee to the MCA General Circular dated 9 March 2011.
Modification in payment mechanism a) To improve the service delivery time, it is decided that: 1. Payments upto Rs. 50,000 will be mandatorily required to be made through electronic mode w.e.f. 27 March 2011. 2. Payments above Rs. 50,000 – a. Can be made through electronic mode / challan payment between the period 27th March 2011 to 1 October 2011. b. Will be mandatorily required to be made through electronic mode w.e.f. 1 October 2011.
The Minister of State of Corporate Affairs, Shri R.P.N. Singh has stated that serious Fraud Investigation Office (SFIO) is currently investigating 14 cases. In the past two years investigation in respect of 25 companies were completed and 117 petitions were filed by SFIO in the Competent Courts. The Hon’ble Courts ordered convictions in 39 prosecution cases filed by SFIO in the preceding years. The SFIO has completed investigation in respect of M/s. Satyam Computer Services Ltd.
For Public Limited Companies and their subsidiaries ceiling as percentage of profits is already prescribed. The Government also regulates the remuneration of managing directors / whole-time directors / managers (board level positions) of Public Limited Companies in accordance with the provisions of Schedule XIII of the Companies Act, 1956. Listed Companies and subsidiaries of Listed Companies in India which are loss making / have inadequate profits require Government approval for paying remuneration in excess of the existing ceiling limits stipulated therein. This was stated in Rajya Sabha yesterday by Minister of State for Corporate Affairs, Shri R.P.N. Singh, while replying to a question.
The jurisdiction of Companies Act, 1956 under which the SFIO is functioning is restricted to the territory of India. Investigation regarding diversion of funds outside the country, is being carried on by the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) for which they have the requisite powers. This was stated by Minister of State for Corporate Affairs, Shri R.P.N. Singh while replying to a question in Rajya Sabha yesterday.
Company Law : Companies (Name Availability) Rules, 2011- As per provisions contained in section 20 of the Companies Act, 1956, no company is to be registered with undesirable name. A proposed name is considered to be undesirable if it is identical with or too nearly resembling with: (i) Name of a company in existence; or (ii) A registered trade-mark or a trade mark which is subject of an application for registration, of any other person under the Trade Marks Act, 1999.
the Central Government hereby delegates to the Registrars of Companies, the powers and functions of that Central Government under the following provisions of the said Act, namely:- Section 21, Section 25, Proviso to Sub-section (1) of section 31, Sub-section (1D) of section 108, Section 572 : Provided that the powers and functions under sub-section (1 D) of section 108 shall be exercised and performed either by the Registrar of Companies of the State in which the registered office of the company is situated, or by the Registrar of Companies of the State in which the transferee ordinarily resides.
In the interest of stakeholders, with a view to improving service delivery time, Ministry has decided to accept payments of value upto Rs.50,000, for MCA 21 services, only in electronic mode w.e.f 27th March, 2011. For the payments of value above Rs. 50,000, stakeholders would have the option to either make the payment in electronic mode, or paper challan. However such payments would also be made in electronic mode w.e.f .1st October’2011.
