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Post Company Incorporation Compliances

The first thing that strike our mind on incorporation of a Company is: ‘What are the compliances which are necessary to be done post incorporation?’ The major compliances to be done by the Company immediately post its incorporation are as follows: – 1. Convene the First Board Meeting within 30 days of its Incorporation a...

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Posted Under: Company Law |

Directorships & Committee Memberships under SEBI & Company Law

In how many companies a Director can hold office or in how many Committees a Director can be a Chairperson or Member ? Legislative Provisions: Following are the legal provisions guiding the above matter : 1. Section 165 of the Companies Act, 2013 – 2. Regulation 17A  of the SEBI (LODR) (Amendment) Regulations, 2021 3. […]...

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Posted Under: Company Law |

Related Party Transactions – Section 188 of Companies Act, 2013

How to Identify whether the proposed transaction is a Related Party Transaction u/s 188 of Companies Act, 2013 or not? 1st Stage (Preliminary test) 1. Is it a transaction (Contract or arrangement) that falls under Section 188(1)(a) to (g) of the Companies Act, 2013 (the Act)?; AND 2. Is it a related Party in terms […]...

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Posted Under: Company Law |

Basics of Incorporation of Companies through SPICE+ FORM

SPICE Forms referred to the form through which a Company was Incorporated as per the Companies Act, 2013. This was an E-form available in the MCA website which helped in incorporating a company. However, a new form was introduced by the Ministry of Corporate Affairs (MCA) for incorporation of companies known as ‘SPICE+ (INC-32)̵...

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Posted Under: Company Law |

Nidhi Company Incorporation and Requirements

Nidhi Company– A Company Which Has Been Incorporated With The Objective Of Cultivating The Habit Of Thrift And Savings Amoungst Its Members, Receiving Deposits From And Lending To Its Members Only, For Their Mutual Benefit, And Complies With The Rules Of Chapter Xxvi Nidhis Rules, 2014 Made By The Central Government. In General Term...

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Posted Under: Company Law |

Procedure For Further Issue of Shares on the Basis of Right Under Companies Act 2013

Sec. 62(1)(a) of Companies Act 2013 Right issue means offering shares to existing members in proportion to their existing share holding. Thus it is an invitation to the existing shareholders to buy new shares in their proportion of existing shareholding. Equal distribution of shares and proportion of voting right is not affecting by issue...

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Posted Under: Company Law |

Change of Name of Private Limited Company

The name of a private limited company can be changed anytime with the approval of the shareholders and Ministry of Corporate Affairs (MCA). The change of name shall not be allowed to a company which has not filed annual returns or financial statements due for filing with the Registrar or which has failed to pay […]...

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Posted Under: Company Law |

Annual Secretarial Compliance Report

Realising the need of growing Compliance Reporting mechanism in letter and spirit, SEBI came out with the Circular dated February 08, 2019 mandating Annual Secretarial Compliance Report to be submitted by a Company Secretary in Practice to the listed entity on an annual basis, regarding compliance of all applicable SEBI Regulations and Ci...

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Posted Under: SEBI |

ROC Compliance Calendar For 2021

ROC Compliance Calendar For 2021 in respect of Form 11 (Annual returns of an LLP), DPT-3 (Annual Return of Deposit And Exempted Deposit), DIR-3 KYC (KYC of DIN holders), Form ADT-1 (Appointment of auditor), Form 8 (Financial Reports of an LLP), Form AOC-4 ; Form-AOC-4CFS ; Form AOC-4XBRL (Filing of annual accounts), MGT-7 (Filing of [&hel...

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Posted Under: Company Law |

Auditor Appointment by Companies under Companies Act, 2013

Article explains Why does a company need to appoint an auditor, What are different types of Audit under companies Act, 2013, How is Statutory Auditor Appointed, How will the Auditor be appointed to fill the Casual Vacancy and  Rotation of Auditor of Companies under Companies Act, 2013. Page Contents1.  Why does a company need to [&helli...

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Posted Under: Company Law |