Corporate Law

Selection of Suitable Form of Business Enterprises – An Effortful Decision For Success in Business

Whenever a person wants to start a business or venture, then a big question after deciding the nature of business and capital investment is that what should be the form of business. Whether to do alone by going for sole proprietorship business or to start partnership firm with someone. And further, if it is partnership […]...

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Will your pension go up if Supreme Court Decision is implemented in full?

The Supreme Court has on 1st April  2019 has rejected the Special leave petition filed by EFPO against the decision of Kerala High court on quantum of pension payable to an employee after his retirement under employee pension scheme (EPS) 1995. This decision has generated wide spread interest in people working in organised Sector as [&he...

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Corporate Social Responsibility through Registered NGOs

Corporate Social Responsibility And Selection Of Organisation (NGOs) For Partnership; We Indians have charity inherited in our heart, we have grown by seeing that our fathers’ and forefathers’ are donating in various temples, mosques, gurudwaras and churches.  We are donating or doing philanthropic works without knowing that ...

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Nyay or Anyay a Bhagwat Gita Analogy

A recent political propaganda is going viral and drawing glares across the country: ‘Under the ‘Nyay’ scheme, Nyuntam Ayay or Minimum Income of Rs. 6000 per month (Rs. 72000 annually) would be directly credited to the Below-Poverty-Line families resembling 20% of India’s poor families. Honestly speaking, on the basis of ration...

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Analysis of recent changes by MCA, SEBI, CBDT, RERA & CBIC

MCA Amendment No. 1: Filing of DIR-3 KYC required on an annual basis: It has been clarified by the MCA on 13th April, 2019 that DIN holders are required to file the DIR-3 KYC Form every year, so that they are aware of and confirm the data and information as available in the MCA21 system. MCA has mentioned […]...

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Restricting on formation of LLP for manufacturing activities withdrawn: MCA

Manufacturing & allied activities were restricted in LLPs vide OM No. CRC/LLP/e-Forms dated 06.03.2019. This OM invoking the restriction regarding manufacturing & allied activities has been withdrawn with immediate effect. In its OM MCA has earlier said that incorporation of LLPs and conversion into LLPs with the proposed business...

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IBBI invites comment on Application to Adjudicating Authority Rules, 2016

Comments are invited on the Insolvency and Bankruptcy Code, 2016 (Code) and the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016.(AA Rules)...

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IBBI clarifies on news item ‘Banks Recoveries from IBC Cases Falling’

IBBI/CIRP/4065 16th April, 2019 To The Editor, Economic Times 3rd Floor, Times of India Building Opposite CST Railway Station Dr. D. N. Road Fort, Mumbai — 400001 Dear Editor, This has reference to the article titled: “Banks’ Recoveries from IBC Cases Falling” in ‘The Economic Times’ dated 16th April, 2019....

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Panel of Insolvency Professionals for appointment as Administrator

Panel of Insolvency Professionals [prepared in accordance with ‘Guidelines for Appointment of IPs as Administrators under the SEBI (Appointment of Administrator and Procedure for Refunding to the Investors) Regulations, 2018.‘] for appointment as Administrator for a period from 10th April 2019 to 30th September 2019. Download ...

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MCA Restricting Manufacturing Businesses to form an LLP: ICSI

It has been noticed that in recent times the manufacturing businesses are being restricted from incorporating as LLP on the ground that manufacturing activities does not fall under the definition of `Business' as per the Limited Liability Partnership Act, 2008.Similarly the conversion of private and unlisted companies into LLP has been re...

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SC explains legal effect of dismissal of a SLP by a speaking/ non-speaking order

Khoday Distilleries Ltd. Vs Sri Mahadeshwara Sahakara Sakkare Karkhane Ltd. (Supreme Court of India) - The doctrine of merger is not a doctrine of universal or unlimited application. It will depend on the nature of jurisdiction exercised by the superior forum and the content or subject-matter of challenge laid or capable of being laid shall be determinative of the applicability of merger. The superio...

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Threatening RP while discharging her duties as Court officer can never be tolerated

Asset Reconstruction Company (India) Pvt Ltd Vs Shivam Water Treaters Pvt Ltd (National Company Law Tribunal, Mumbai) - Asset Reconstruction Company (India) Pvt Ltd Vs Shivam Water Treaters Pvt Ltd (National Company Law Tribunal, Mumbai) The Resolution professional has also reported that Mr Gaurav Dave abused the RP while she was discharging her duties as Court officer. Such actions of the Ex-directors can never be t...

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Statutory Dues including Income Tax, VAT etc. are Operational Debts under IBC

Pr. Director General of Income Tax (Admn. & TPS) Vs M/s. Synergies Dooray Automotive Ltd. & Ors. (NCLAT) - Pr. Director General of Income Tax (Admn. & TPS) Vs M/s. Synergies Dooray Automotive Ltd. & Ors. (NCLAT) Conclusion – All statutory dues including ‘Income Tax’, ‘Value Added Tax’ etc. come within the meaning of ‘Operational Debt’ under the Insolvency and Bankruptcy Code 2016. F...

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Non-Filing of I-T Returns not necessarily mean no source of Income

Shrimati Ragini Gupta Vs. Piyush Dutt Sharma (Madhya Pradesh High Court) - Non-filing of Income Tax Return by itself would not mean that the complainant had no source of income and thus, no adverse inference can be drawn in this regard only because of absence of Income Tax Return....

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Buyer cannot be expected to wait Indefinitely for Possession

Kolkata West International City Pvt Ltd Vs Devasis Rudra (Supreme Court) - Kolkata West International City Pvt Ltd Vs Devasis Rudra (Supreme Court of India) In terms of the agreement, the date for handing over possession was 31 December 2008, with a grace period of six months. Even in 2011, when the buyer filed a consumer complaint, he was ready and willing to accept posse...

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IBBI suspends registration of IP for two years

Order No. IBBI/DC/16/2019 - (17/04/2019) - (i) The registration of Mr. Sanjay Ruia as an Insolvency Professional, having Registration No. IBBI/IPA-00 1/IP-P00353/20 17-2018/10654, shall be suspended for two years; (ii) Ruia shall not seek or accept any process or assignment or render any services under the Code during the period of suspensio...

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Object of LLP is Mainly for professional services & not for manufacturing activity: MCA

No. CRC/LLP/e-Forms - (06/03/2019) - It has been stated that 'object of LIP is Mainly for professional services and not manufacturing activity' Further, it has also been stated that 'conversion of company doing manufacturing activity into LLP should not be allowed' and other conversions of Company to LLP are not to be allowed easily an...

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Insolvency Professionals to pay 0.25% of professional fee to IBBI

Insolvency Professional to pay to IBBI, a fee calculated at the rate of 0.25 percent of the professional fee earned for the services rendered by him as an insolvency professional in the preceding financial year, on or before the 30th of April every year, along with a statement in Form E of the Secon...

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Inform status of claim/Policy at various stages of processing: IRDA

Ref: IRDAUCAD/CIR/PPHI/059/04/2019 - (10/04/2019) - Clear and transparent communications play a vital role in servicing of insurance policies and in ensuring that the benefits of insurance policies flow to the beneficiaries in a timely manner. Further, when it comes to claims, there is a need to make available a tracking mechanism for policyholders ...

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IRDA Obligatory Cession Notification for the FY 2019-20

F. No IRDAI/RI/3/154/2019 - (04/04/2019) - INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY OF INDIA NOTIFICATION Hyberabad, the 4th April, 2019 F. No IRDAI/RI/3/154/2019.—In exercise of the powers conferred by Sub-section (2) and (4) of the Section 101A of the Insurance Act, 1938, the Authority, after consultation with the Advisory Committe...

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Recent Posts in "Corporate Law"

Selection of Suitable Form of Business Enterprises – An Effortful Decision For Success in Business

Whenever a person wants to start a business or venture, then a big question after deciding the nature of business and capital investment is that what should be the form of business. Whether to do alone by going for sole proprietorship business or to start partnership firm with someone. And further, if it is partnership […]...

Read More
Posted Under: Corporate Law |

IBBI suspends registration of IP for two years

Order No. IBBI/DC/16/2019 (17/04/2019)

(i) The registration of Mr. Sanjay Ruia as an Insolvency Professional, having Registration No. IBBI/IPA-00 1/IP-P00353/20 17-2018/10654, shall be suspended for two years; (ii) Ruia shall not seek or accept any process or assignment or render any services under the Code during the period of suspension. He shall, however, continue to conduc...

Read More

Will your pension go up if Supreme Court Decision is implemented in full?

The Supreme Court has on 1st April  2019 has rejected the Special leave petition filed by EFPO against the decision of Kerala High court on quantum of pension payable to an employee after his retirement under employee pension scheme (EPS) 1995. This decision has generated wide spread interest in people working in organised Sector as [&he...

Read More
Posted Under: Corporate Law |

Corporate Social Responsibility through Registered NGOs

Corporate Social Responsibility And Selection Of Organisation (NGOs) For Partnership; We Indians have charity inherited in our heart, we have grown by seeing that our fathers’ and forefathers’ are donating in various temples, mosques, gurudwaras and churches.  We are donating or doing philanthropic works without knowing that ...

Read More
Posted Under: Corporate Law |

Restricting on formation of LLP for manufacturing activities withdrawn: MCA

Manufacturing & allied activities were restricted in LLPs vide OM No. CRC/LLP/e-Forms dated 06.03.2019. This OM invoking the restriction regarding manufacturing & allied activities has been withdrawn with immediate effect. In its OM MCA has earlier said that incorporation of LLPs and conversion into LLPs with the proposed business...

Read More
Posted Under: Corporate Law |

Nyay or Anyay a Bhagwat Gita Analogy

A recent political propaganda is going viral and drawing glares across the country: ‘Under the ‘Nyay’ scheme, Nyuntam Ayay or Minimum Income of Rs. 6000 per month (Rs. 72000 annually) would be directly credited to the Below-Poverty-Line families resembling 20% of India’s poor families. Honestly speaking, on the basis of ration...

Read More
Posted Under: Corporate Law |

Analysis of recent changes by MCA, SEBI, CBDT, RERA & CBIC

MCA Amendment No. 1: Filing of DIR-3 KYC required on an annual basis: It has been clarified by the MCA on 13th April, 2019 that DIN holders are required to file the DIR-3 KYC Form every year, so that they are aware of and confirm the data and information as available in the MCA21 system. MCA has mentioned […]...

Read More
Posted Under: Corporate Law |

IBBI invites comment on Application to Adjudicating Authority Rules, 2016

Comments are invited on the Insolvency and Bankruptcy Code, 2016 (Code) and the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016.(AA Rules)...

Read More
Posted Under: Corporate Law |

IBBI clarifies on news item ‘Banks Recoveries from IBC Cases Falling’

IBBI/CIRP/4065 (16/04/2019)

IBBI/CIRP/4065 16th April, 2019 To The Editor, Economic Times 3rd Floor, Times of India Building Opposite CST Railway Station Dr. D. N. Road Fort, Mumbai — 400001 Dear Editor, This has reference to the article titled: “Banks’ Recoveries from IBC Cases Falling” in ‘The Economic Times’ dated 16th April, 2019....

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Posted Under: Corporate Law |

Insolvency Professionals- IBBI FAQs

As per the Insolvency and Bankruptcy Code (IBC), 2016 an insolvency professional (IP) means a person: a. enrolled with an insolvency professional agency (IPA) as its member and, b. registered with Insolvency and Bankruptcy Board of India (the Board) as an insolvency professional (IP)....

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Posted Under: Corporate Law |

Corporate Law News

Corporate law deals with the operations and formation of corporations and is related to contract and other commercial law. Corporations are legal entities which are created through the incorporation laws of the state, the corporation is a legal and a distinct person which can sue and can be sued, separate from the stockholders. Until a corporation formally dissolves, it has a perpetual life; the demise of its stockholders or officials does not amend the structure of the corporation. Creation, operation, and their dissolution are governed by several laws such as the Company Law, Insolvency and the Bankruptcy law, Real Estate law, Gratuity Act, Minimum wages Act, Negotiable Instrument Act, Essential Commodities, SRFAESI Act, Competition Act, FDI Regulations etc. At Taxguru, we provide you the latest corporate law news and corporate law articles. Learn about all the important developments in the corporate laws with our extensive coverage of the latest news on corporate law. Our group of expert law professionals provides a cohesive and comprehensive understanding of all the Indian corporate and other allied laws. At Taxguru, we cover all the aspects of corporate law and all the major laws and regulations as mentioned above. We regularly post blogs and articles on corporate law for the benefit of our viewers. Keep a track of all the significant notifications and updates on corporate law with us. Get to know more on the corporate law here at Taxguru.