Companies Act

All about authentication of documents under Companies Act, 2013

Company Law - Who will authenticate the Document and Which Documents to be authenticated and procedure under Companies Act, 2013 Introduction Under the provisions of Companies Act, 2013 and The Companies (Registration Offices and Fees) Rules, 2014, document need to be authenticated by some professional’s or Individual(s). This article is about which ...

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Restriction on number of layers for certain Classes of holding Companies

Company Law - Analysis of Companies (Restriction on number of layers) Rules, 2017 notified by notification No. G.S.R. 1176(E) dated : 20th September, 2017...

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Presentation on Issue of Preference Shares

Company Law - Preference share capital means that part of the issued share capital of the company which carries or would carry a preferential right with respect to ...

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Shareholders Agreement and its importance

Company Law - We all are aware that a ‘Share’ is a share in the Share Capital of a Company, and a Shareholder is a person who has subscribed to such Share of a Company....

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An analysis of ‘Charges’ under the Companies Act, 2013

Company Law - The Companies Act, 2013 defines a Charge as an interest or lien created on the assets or property of a Company or any of its undertaking as security and includes a mortgage U/s 2(16). In the earlier Act of 1956, the word “Mortgage” was not mentioned. Section 124 to section 145 of the companies act, 1956 dealt with charges. Under the C...

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ICSI Model Governance Code for Meetings of Gram Panchayats

Company Law - The Model Governance Code for Meetings of Gram Panchayats is ICSI's social initiative to facilitate the implementation of standard practices in convening the meeting of Panchayats. Though voluntary in nature, this Code is intended to sensitize the elected representatives of the panchayats regarding their roles and responsibilities, bring ...

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One Suspicious Company found having with 2134 Bank A/cs

Company Law - Government of India receives vital information from 13 Banks regarding the bank account operations and post-demonetization transactions of some of the 2,09,032 suspicious companies that had been struck off the Register of Companies earlier this year; ...

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Integration of Name Reservation with SPICE form- MCA invites comment

Company Law - The Consultation Paper for integration of Name Reservation with SPICE eform under Companies Act, 2013 has been placed on the Ministry's website www.mca.gov.in for suggestions/ comments....

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MOU between MCA & CBDT for Automatic & Regular Information Exchange

Company Law - Taking forward the initiative launched by the Government of India to curb the menace of shell companies, money laundering and black money in the country and prevent misuse of corporate structure by shell companies for various illegal purposes, the Ministry of Corporate Affairs and Central Board of Direct Taxes (CBDT) have now concluded a ...

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MCA identifies more than one lakh directors of shell companies for disqualification

Company Law - Ministry of Corporate Affairs has identified 1,06,578 Directors for disqualification under Section 164(2)(a) of the Companies Act, 2013 as on September 12, 2017....

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Appeals Filed U/s. 10F of Companies Act 1956 cannot be condoned after 60 days

Santosh Kumar Hegde Vs. Parimala Hospitality (P.) Ltd. & Ors. (Bombay High Court) - In view of Companies Act, 1956 being a special statute and upon considering the language of section 10-F, in my view it is clear that the Company Court has no power to condone delay beyond the period of 60 days....

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Principle of imposition of minimum penalty is non-mandatory in compounding of offenses cases: NCLT

Re. M/S UW International Training & Education Centre for Health Pvt. Ltd. (NCLT Delhi) - NCLT held that the principle of imposition of minimum penalty is non-mandatory in compounding of offenses cases, it is necessary to define and understand offense. The term offence has been defined by s 3(38) of General Clauses Act, as any act or omission made punishable by any law for the time being...

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Withdrawn of Application- After Admission – NCLT – INSOLVENCY CODE

Parker Hannifin India Private Limited v/s Prowess International Private Limited (NCLT Kolkata) - NCLT has cleared that once a petition is admitted by the NCLT under IBC, both the parties have no right to withdraw the petition. As it can say IBC is not a Recovery Law it is Revival Law....

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NCLT can allow Compounding of offence despite advanced stage of prosecution

Teamasia Semiconductors (India) Ltd. & Ors., In re (National Company law Tribunal Hyderabad) - the issue to be decided in the present case is whether the National Company Law Tribunal is having power to allow the applicants to compound the offence in question, especially when prosecution was already initiated and the same is in advance stage....

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Company unable to pay debt/tax to Government Judicial discretion to direct winding up should not be exercised

Budhia Auto Associate Pvt. Ltd. Vs None (Chhattisgarh High Court) - This petition for winding up has been preferred by the company itself without referring to the relevant clause of Section 433 of the Companies Act, 1956 ('the Act' in short), however, in course of argument it was informed that the petition is under Section 433 (e) of the Act....

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Procedure for insertion of New Director Name from back end

ROCH/SEC167(3)/2017 - (17/10/2017) - Request letter signed by the Promoters/shareholders of the company explaining the facts and requesting for insertion of at least one director through back end of the MCA portal with the following attachments. ...

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Transfer of Shares to IEPF Authority- Demat Account Details

General Circular No. 12/2017 - (16/10/2017) - The IEPF Authority has opened demat accounts with National Securities Depository Limited (NSDL) and Central Depository Services Limited (CDSL) through Punjab National Bank and SBICAP Securities Limited respectively, as Depository Participants . The details of said accounts are as under:...

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IEPF Authority (Accounting, Audit, Transfer and Refund) Second Amendment Rules, 2017

G.S.R. (E) - (13/10/2017) - Provided further that in cases where the period of seven years provided under sub-section (5) of section 124 has been completed or being completed during the period from 7th September, 2016 to 31 st October, 2017, the due date of transfer of such shares shall be deemed to be 31st October, 2017....

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Adding of new directors when all existing directors stand vacated

F. No.03/73/2017/CL-II - (06/10/2017) - Addition of names of the newly appointed Directors in the MCA database in the Companies where all the directors stand vacated due to disqualification under section 164(2)(a) r/w 167(1) of the Companies Act, 2013-reg...

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Timelines for making applicable/available new Form DPT-3

General Circular No. 11/2017 - (27/09/2017) - Clarification regarding the timelines for making applicable/available new Form DPT-3 issued vide the Companies (Acceptance of Deposits) Second Amendment Rules, 2017. ...

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Recent Posts in "Companies Act"

Procedure for insertion of New Director Name from back end

ROCH/SEC167(3)/2017 (17/10/2017)

Request letter signed by the Promoters/shareholders of the company explaining the facts and requesting for insertion of at least one director through back end of the MCA portal with the following attachments. ...

Read More

Transfer of Shares to IEPF Authority- Demat Account Details

General Circular No. 12/2017 (16/10/2017)

The IEPF Authority has opened demat accounts with National Securities Depository Limited (NSDL) and Central Depository Services Limited (CDSL) through Punjab National Bank and SBICAP Securities Limited respectively, as Depository Participants . The details of said accounts are as under:...

Read More

IEPF Authority (Accounting, Audit, Transfer and Refund) Second Amendment Rules, 2017

G.S.R. (E) (13/10/2017)

Provided further that in cases where the period of seven years provided under sub-section (5) of section 124 has been completed or being completed during the period from 7th September, 2016 to 31 st October, 2017, the due date of transfer of such shares shall be deemed to be 31st October, 2017....

Read More

All about authentication of documents under Companies Act, 2013

Who will authenticate the Document and Which Documents to be authenticated and procedure under Companies Act, 2013 Introduction Under the provisions of Companies Act, 2013 and The Companies (Registration Offices and Fees) Rules, 2014, document need to be authenticated by some professional’s or Individual(s). This article is about which ...

Read More
Posted Under: Company Law |

Restriction on number of layers for certain Classes of holding Companies

Analysis of Companies (Restriction on number of layers) Rules, 2017 notified by notification No. G.S.R. 1176(E) dated : 20th September, 2017...

Read More
Posted Under: Company Law |

Presentation on Issue of Preference Shares

Preference share capital means that part of the issued share capital of the company which carries or would carry a preferential right with respect to ...

Read More
Posted Under: Company Law |

Shareholders Agreement and its importance

We all are aware that a ‘Share’ is a share in the Share Capital of a Company, and a Shareholder is a person who has subscribed to such Share of a Company....

Read More
Posted Under: Company Law |

An analysis of ‘Charges’ under the Companies Act, 2013

The Companies Act, 2013 defines a Charge as an interest or lien created on the assets or property of a Company or any of its undertaking as security and includes a mortgage U/s 2(16). In the earlier Act of 1956, the word “Mortgage” was not mentioned. Section 124 to section 145 of the companies act, 1956 dealt with charges. Under the C...

Read More
Posted Under: Company Law |

An analysis on Section 185 of the Companies Act, 2013

The section 185 of Companies Act, 2013 was notified on 12 September, 2013 and was applicable from that day itself.  If there is any deviation from the conditions laid under this section then the Auditor is required to report the same in his Audit Report....

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Posted Under: Company Law |

ICSI Model Governance Code for Meetings of Gram Panchayats

The Model Governance Code for Meetings of Gram Panchayats is ICSI's social initiative to facilitate the implementation of standard practices in convening the meeting of Panchayats. Though voluntary in nature, this Code is intended to sensitize the elected representatives of the panchayats regarding their roles and responsibilities, bring ...

Read More
Posted Under: Company Law |
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