Companies Act

Vigil Mechanism/ Whistle Blower Policy

Company Law - Name of the Company proposes to establish a Vigil Mechanism/Whistle Blower Policy with a view to provide a mechanism for Directors/ Employees of the Company to approach the Chairman of the Audit Committee of the Company....

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NFRA-1 and it’s applicability to Companies

Company Law - Form NFRA-1 is notified by MCA vide Notification dated 13th November 2018 for the purpose of Notice to the Authority by a body corporate regarding its auditor. Provision: Pursuant to section 132 of the Companies Act, 2013 and Rule 3(2) and 3(3) of the National Financial Reporting Authority Rules, 2018. Classes of companies and bodies [&he...

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Forced Merger in the history of India – Classic example of Limited Liability of a Company

Company Law - The Supreme Court recently set aside order of compulsory and forced merger between 63 Moons Technologies Ltd (Formerly known as Financial Technologies India Ltd FTIL) and its subsidiary National Spot Exchange of India Ltd (NSEL). It was the first time in history that Govt. invoked Section 396, for non-government companies, which provides...

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Analysis of Companies (Significant Beneficial Owners) Rules, 2018 

Company Law - Amendments in Section 89 & 90 was one of the major amendments brought in by the Companies (Amendment) Act, 2017. Later on, MCA on June 14, 2018  through notification, has enforced the amended provisions of Section 90 of the Companies Act, 2013 and has introduced the Companies  (Significant Beneficial Owners) Rules, 2018...

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List of details required for Form MSME-1 & DPT-3

Company Law - Brief of the Details required for the purpose of MSME-1 & DPT-3 Details required for Form MSME-1 1. Total outstanding amount as on the date of notification i.e. 22ndJanuary 2019. 2. of Supplies for which the amount is due for more than 45 Days from the date of supply of Goods or Services. 3. Particulars […]...

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Brief notes on ROC forms for Registration of Charges

Company Law - This is a brief note on the forms introduced by MCA under Chapter VI Registration of Charges and Rules thereto which includes Form CHG-1, Form CHG-2, Form CHG-3, Form CHG-4, Form CHG-5, Form CHG-6, Form CHG-7, Form CHG-8 and Form CHG-9 vide Companies (Registration of Charges) Rules, 2014 as amended by Companies (Registration of Charges) [...

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ICSI Guidance Note on Report of Board of Directors

Company Law - The Board’s Report is an important means of communication by the Board of Directors of a company with its stakeholders. The Board’s Report provides the stakeholders with both financial and non-financial information, including the performance and prospects of the company, relevant changes in the management and capital structure...

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MCA permit re-filing of ADT-1 to facilitate filing of e-form ACTIVE

Company Law - Based on feedback received from stakeholders who were unable to file e-form ACTIVE as they had filed ADT-1 forms for appointment of auditors for the period from 2014-15 to 2018-19 as an attachment with GNL-2 e-form during the period from 01/04/2014 to 20/10/2014 (due to non-availability of e-form ADT-1 during that period), it has now [&he...

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Last date to file form ADT-1 without fee till 15.06.2019

Company Law - Circular issued by MCA for waiver off of fees for filing Form ADT-1 by the companies which have filed Form GNL-2 during the period from 1st April, 2014 to 20th October, 2014 for appointment of auditors.  The Ministry of Corporate Affairs has issued a clarification wherein it has been mentioned that the companies which have […]...

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Defer due date of form INC-22A and DIR- 3

Company Law - Federation Of All India Vyapar Mandal requested Ministry of Corporate Affairs that to facilitate small and startups who are willing to carry on their businesses in organized sector, it is further requested that the form INC-22A last date of which is 25th April and DIR- 3 last date of which is 30th April, may kindly […]...

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Company law not Stipulate any period for completion of Serious Fraud Investigation

Serious Fraud Investigation Office Vs Rahul Modi and Another Etc. (Supreme Court of India) - SFIO Vs Rahul Modi (Supreme Court of India) 1. Leave granted. 2. These Appeals challenge the correctness of the common interim order dated 20.12.2018 passed by the High Court of Delhi at New Delhi in Writ Petition (Crl.) Nos.3842 and 3843 of 2018. 3. In exercise of powers conferred by Section 212(1)...

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Statutory dues for taxes is Operational Debt: NCLAT

Pr. Director General of Income Tax Vs M/s. Synergies Dooray Automotive Ltd. & Ors. (NCLAT, Delhi) - Pr. DGIT Vs M/s. Synergies Dooray Automotive Ltd. & Ors. (NCLAT, Delhi) ‘Operational Debt’ in normal course means a debt arising during the operation of the Company (‘Corporate Debtor’). The ‘goods’ and ‘services’ including employment are required to keep the Company (‘Corporat...

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HC quashes MCA order publishing list of disqualified directors & deactivating DIN

Gaurang Balvantlal Shah S/O Balvantlal Shah Vs Union of India (Gujarat High Court) - MCA order in publishing the list of directors  associated with struck off companies under Section 248 of the Companies Act, 2013 on the Website of MCA, showing the status of assessee as disqualified Directors was not legally tenable as section 164(2) of the Companies Act would take effect only fro...

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Rule 3(2) of Companies (Registered Valuers & Valuation) Rules is constitutionally valid: Delhi HC

Cushman And Wakefield India Private Limited Vs Union of India & Anr (Delhi High Court) - Cushman And Wakefield India Private Limited Vs Union of India & Anr (Delhi High Court) The issue which falls for consideration is in a very narrow compass, whether a company, other than a subsidiary company, joint venture or associate of other company forms a separate class for the purpose of el...

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NCLT bars CA for issuing false Audit certificate relating to financials

Union of India Vs Mr. Mukesh Maneklal Choksi (NCLT) - Union of India Vs Mr. Mukesh Maneklal Choksi (National Company Law Tribunal, Mumbai Bench) Since Respondent No 1, Mr Mukesh Maneklal Choksi, Statutory Auditor , colluded with the Chairman/Director of R-2 company and has given a false Audit certificate relating to the Profit & Loss Account and Ba...

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Directors of company required to file e-form ACTIVE: MCA

F. No. 1/22/2013-CL-V [G.S.R. 368(E)] - (16/05/2019) - Companies (Appointment and Qualification of Directors) Second Amendment Rules, 2019 Rule 12B. Directors of company required to file e-form ACTIVE.- (1) Where a company governed by Rule 25A of the Companies (Incorporation) Rules, 2014, fails to file the e-form ACTIVE within the period specified there...

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Clarification for form ADT-1 filed through GNL-2

General Circular No. 06/2019 - (13/05/2019) - Companies which had filed Form no. ADT-1 through GNI,-2 as an attachment (by selecting 'others') during the period from 01.04.2014 to 20.10.2014 may file e-form no. ADT- 1 for appointment of Auditor for the period upto 31.03.2019 without fee, till 15.06.2019....

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Companies (Incorporation) Fifth Amendment Rules, 2019- Name Approval Rules

G.S.R......... (E) - (10/05/2019) - Names which. resemble too nearly with name of existing company.- (1) A name applied for shall be deemed to resemble too nearly with. the name of an existing company, if, and only if, after comparing the name applied for with the name of an existing company by disregarding the matters set out in sub-...

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Remove Certification by CA / CS, Merge Returns in Annual return: Commerce Ministry to MCA

D.O. No. P-25020/4/2019-BE-I - (08/05/2019) - The association has cited difficulties in filing number of mandatory returns under the Companies Act, -2013 and proposed following suggestions:-i. Doing away with the requirement of verification by a Chartered Accountant or Company Secretary in filing of returns under Companies Act, 2013 and introd...

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National Company Law Tribunal (Second Amendment) Rules, 2019

G.S.R.351(E) - (08/05/2019) - MCA notifies National Company Law Tribunal (Second Amendment) Rules, 2019 vide Notification dated 08th May, 2019 and inserts sub-rule (3) & (4) to rule 84 of National Company Law Tribunal Rules, 2016....

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Recent Posts in "Companies Act"

Brief Checklist on Directors’ Report

The Report of the Board of Directors can be counted among the introductory documents of a Company which give dossier of the past affairs, present deals and future plan of actions of a Company. Further, under the provisions of the Companies Act, 2013, the Board of Directors of every company is required to attach to […]...

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Posted Under: Company Law |

Vigil Mechanism/ Whistle Blower Policy

Name of the Company proposes to establish a Vigil Mechanism/Whistle Blower Policy with a view to provide a mechanism for Directors/ Employees of the Company to approach the Chairman of the Audit Committee of the Company....

Read More
Posted Under: Company Law |

Brief notes on ROC forms for Registration of Charges

This is a brief note on the forms introduced by MCA under Chapter VI Registration of Charges and Rules thereto which includes Form CHG-1, Form CHG-2, Form CHG-3, Form CHG-4, Form CHG-5, Form CHG-6, Form CHG-7, Form CHG-8 and Form CHG-9 vide Companies (Registration of Charges) Rules, 2014 as amended by Companies (Registration of Charges) [...

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Posted Under: Company Law |

Draft format of Application for surrender of DIN and Affidavit 

Draft format of DIR-5 Attachments – Application for surrender of DIN and Affidavit by Director This article contains the draft format of: 1. Application required to be filed as an attachment of form DIR-5 to surrender DIN of those Directors who have multiple DIN. 2. And Affidavit for the same. —————R...

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Posted Under: Company Law |

NFRA-1 and it’s applicability to Companies

Form NFRA-1 is notified by MCA vide Notification dated 13th November 2018 for the purpose of Notice to the Authority by a body corporate regarding its auditor. Provision: Pursuant to section 132 of the Companies Act, 2013 and Rule 3(2) and 3(3) of the National Financial Reporting Authority Rules, 2018. Classes of companies and bodies [&he...

Read More
Posted Under: Company Law |

Forced Merger in the history of India – Classic example of Limited Liability of a Company

The Supreme Court recently set aside order of compulsory and forced merger between 63 Moons Technologies Ltd (Formerly known as Financial Technologies India Ltd FTIL) and its subsidiary National Spot Exchange of India Ltd (NSEL). It was the first time in history that Govt. invoked Section 396, for non-government companies, which provides...

Read More
Posted Under: Company Law |

Analysis of Companies (Significant Beneficial Owners) Rules, 2018 

Amendments in Section 89 & 90 was one of the major amendments brought in by the Companies (Amendment) Act, 2017. Later on, MCA on June 14, 2018  through notification, has enforced the amended provisions of Section 90 of the Companies Act, 2013 and has introduced the Companies  (Significant Beneficial Owners) Rules, 2018...

Read More
Posted Under: Company Law |

List of details required for Form MSME-1 & DPT-3

Brief of the Details required for the purpose of MSME-1 & DPT-3 Details required for Form MSME-1 1. Total outstanding amount as on the date of notification i.e. 22ndJanuary 2019. 2. of Supplies for which the amount is due for more than 45 Days from the date of supply of Goods or Services. 3. Particulars […]...

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Posted Under: Company Law |

Draft Acknowledgement letter by Trust to Company in Case of CSR

Draft Acknowledgement letter by Trust to Company On the letter head of the Trust Date... To, ABC Ltd, Address Sub: A BIG THANKS FOR YOUR GRATITUDE Dear Sir, We acknowledge with grateful thanks your kind donation of Rupees …………….vide Cheque No…………….. dated………R...

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Posted Under: Company Law |

MSME- I Form- Compliance Under Companies Act 2013

Article explains Law Governing the file of MSME- I Form  as notified vide Notification Date 22-01-2019, Due Date to File Return, Important Definition, Details Required in Form MSME-I, Procedure to file Form MSME-I, Penalty for Non-Filing of Form MSME-1 and Exemptions to the Rule related to filing of Form MSME-I. Governing Law MCA wide or...

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Posted Under: Company Law |

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