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Procedure for Restoration of Struck off Companies Under Companies Act, 2013

CS Vipin Kumar Mittal Keeping in view of the Section 248 to 252 of the Companies Act, 2013 (the Act), as notified by Ministry of Corporate Affairs (MCA) w.e.f. 26th December, 2016 and Rule 87A of the National Company Law Tribunal (NCLT) (Amendment) Rules, 2017 as notified by MCA w.e.f. 5th July, 2017, I have […]...

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Posted Under: Company Law |

Shifting of registered office from one state to another state

elevant Provisions: Section 4, 12, 13 of the Companies Act, 2013 read with rule 30 of Companies (Incorporation) Rules, 2014 and amendments thereto. If a Company wants to shift its registered office from one state to another state; a special resolution in general meeting is required to be passed....

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Posted Under: Company Law |

Clauses to be reported under CARO 2016

(a) Whether the company is maintaining proper records showing full particulars including quantitative details and situation of fixed assets. (b) Whether these fixed assets have been physically verified by management at reasonable intervals; whether any material discrepancies were noticed on such verification and if so, whether the same ha...

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Posted Under: Company Law |

National Company law tribunal (NCLT) and Important role for PCS

Government has Constituted 11 Benches of NCLT, out of which 2 will be the Principal Bench, which shall be Preside at New Delhi.And the regional bench territory authority is in Ahmedabad, Allahabad, Bengaluru, Chandigarh, Chennai, Guwahati, Hyderabad, Kolkata, Mumbai....

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Posted Under: Company Law |

U S Taxation – Auditor’s responsibility: U S Audit Vs Indian Audit, a lively comparison

Not a day passes without reference to fictitious accounts opened for diverting funds either for income tax purposes or laundering of funds. Interestingly, many of these accounts carry the solemn auditor’s fairness opinion on the financial statements. It was a meeting of Chartered Accountants, some of them must be leading, judging by the...

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Posted Under: Company Law |

Catchy learning regarding incorporation of company

For the beginners who want to incorporate the company, can easily with the help of this article incorporate a private company. Starting from the filing form INC-1 ( reservation of name of the company), Spice form 32, Spice form 33 (MOA), Spice form 34 (AOA). There is a short list of the FORMS required to be filed during incorporation and ...

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Posted Under: Company Law |

Incorporation of Section 8 Company under Companies Act, 2013

Section 8 is a Company incorporated For promoting commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object, provided the profits, if any, or other income is applied for promoting only the objects of the company and In such Company, No dividend is paid to its...

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Posted Under: Company Law |

Applicability of CARO, Internal Financial Controls & Cash Flow Statement

Non applicability of Cash flow statement 1. One Person company as defined under section 2(62) of the 2013 Act 2. It is a Dormant Company as per Section of the Companies Act, 2013 3. It is a Small Company as defined under Section 2(85) of Companies Act, 2013. Here Small Company means a company who’s […]...

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Posted Under: Company Law |

Disqualification Under Section 164 Read With Section 167

This article is written in relation to recent MCA notices for the disqualification of directors under section 164 (2) of the Companies Act. Efforts have been made to make reader understand the section 164 along with section 167 of the Act....

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Posted Under: Company Law |

Analysis of disqualification of director U/s. 164(2) of Companies Act, 2013

Has not filed financial statements or annual returns for any continuous period of three financial years; or Has failed to repay the deposits accepted by it or pay interest thereon or to redeem any debentures on the due date or pay interest due thereon or pay any dividend declared and such failure to pay or redeem continues for one year or...

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Posted Under: Company Law |
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