Companies Act

Oppression And Mismanagement under Companies Act, 2013

Company Law - Instances which can be termed as mismanagement 1. Preventing directors from functioning 2. Violations of statutory provisions 3. Violations of provisions of MOA & AOA of the company 4. Misuse of funds etc...

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Procedure for Incorporation of Private Company- Spice E-Form-32

Company Law - This eForm is accompanied by supporting documents including details of Directors & subscribers, MoA and AoA etc. Once the eForm is processed and found complete, company would be registered and CIN would be allocated....

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Interpretation of Loan to Directors (sec 185)- An analysis

Company Law - The provisions of section 185 prohibits from granting any loans ,giving of guarantees or providing any security for loans advanced to its directors or any other person in whom the director is interested , except in cases where specific exemptions are stipulated in the section....

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Time Period Under ‘IBC’ Mandatory or Recommendatory

Company Law - In this editorial author discuss the provisions under of I&B Code, 2016 in respect of different – 2 time limits mentioned under the Act i.e. Section 12. (1) Subject to sub-section (2), the corporate insolvency resolution process shall be completed within a period of one hundred and eighty days from the date of admission of the applica...

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Issue of Compulsorily Convertible Debentures through Private Placement

Company Law - 1. Company proposes to offer compulsorily convertible debentures to its existing members i.e. Proposed Allottees on a preferential allotment basis. 2. Issue of debentures are governed by Section 71 of the Act, read with Rule 18 of The Companies (Share Capital and Debentures) Rules, 2014 ...

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MCA revises AoC-4 Non-XBRL & AoC-4 XBRL (Non-Ind AS) forms

Company Law - AoC-4 Non-XBRL and AoC-4 XBRL (Non-Ind AS) forms are being revised and are likely to be notified on 7th November 2017 including therein demonetization related changes. Stakeholders may plan accordingly and file using only the revised forms w.e.f. 8th November 2017. Source- http://www.mca.gov.in/#...

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NFRA to be set-up soon; Will take disciplinary action against errant CAs, CSs & Cost Accountants

Company Law - Around 2.24 lakh companies have been struck-off till date for remaining inactive for a period of two (2) years or more;. Around 3.09 lakh Directors disqualified who were on the Board of Companies that have failed to file Financial Statements and/or Annual Returns for a continuous period of three (3) financial years during 2013-14 to [&hel...

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No need to file PAN-TAN application in Form 49A/49B after filing SPICe e-forms: MCA

Company Law - With effect from 6PM of 4th November 2017, stakeholders will NOT be required to upload signed 49A/49B using Submit application for PAN/TAN service, in respect of any fresh SPICe submission or Resubmission cases. PAN and TAN will continue to be issued as before based on the details submitted in the SPICe form itself. ...

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Review on properties belonging to 2.09 lakh struck-off companies

Company Law - Minister of State for Law, Justice and Corporate Affairs, Mr. P. P. Chaudhary reviews the follow-up action by the States on properties belonging to around 2.09 lakh companies struck-off from the Register of Companies by the Central Government. ...

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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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Time to file Appeal in NCLAT against Order of Adjudicating Authority

Amod Amladi V/s. Mrs. Sayali Rane & Anr. (NCLAT Delhi) - Article discusses Time Period for Filing of Appeal in National Company Law Appellate Tribunal (NCLAT) against the order of adjudicating authority in the light of Section 62(2) of Insolvency and Bankruptcy Code, 2016 and NCLAT Judgments in the case of Steam Amod Amladi V/s. Mrs. Sayali Rane & Anr and...

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Perusal of Pending Proceeding before HC after declaration of Moratorium in IBC, 2016

Steamline Industries Ltd Vs. Tecpro Systems Ltd (NCLAT Delhi) - In this editorial author discusses Judgment National Company Law Appellate Tribunal (NCLAT) in the case of Steamline Industries Ltd Vs. Tecpro Systems Ltd with reference to Section 14(1)(a) and 238 of the nsolvency and Bankruptcy Code, 2016 (IBC, 2016) on the issue Whether Pending Proceeding before...

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Whether POA Holder Can File Application Under IBC, 2016

Shriram EPC Limited Vs. Rio Glass Solar SA (NCLAT Delhi) - The 'I&B Code' is a complete Code by itself. The provision of the Power of Attorney Act, 1882 cannot override the specific provision of a statute which requires that a particular act should be done by a person in the manner as prescribed thereunder. Therefore, we hold that a 'Power of Attorney Hold...

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NCLT seek opinion of ICAI on derogatory remarks of personal nature in Audit Report

Punita Khatter Vs. Explorers Travels & Tours (P) Ltd. (National Company Law Tribunal Delhi) - Representatives from the Institute of Chartered Accountant have prayed for some time to assist this Bench whether disparaging remarks of a personal nature would fall within the purview of a Chartered Accountant to be mentioned in the Audit report....

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NCLT Order levy of compounding fee of Rs. 3.39 Lakh for Non Appointment of CS

Re. Atyati Technologies Private Limited (National Company Law Tribunal Bangalore) - If a company contravenes the provisions of this section, the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees and every director and key managerial personnel of the company who is in default shall be punishable with fine whic...

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Companies (Cost Records and Audit) Amendment Rules, 2017

G.S.R. 1498(E) - (07/12/2017) - In the principal rules, in the Annexure, for Form CRA-1 and Form CRA-3, the following Forms shall respectively be substituted and shall be deemed to have been substituted with effect from the 1St day of April, 2016, namely:-...

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Special Court for speedy Trial of Company Law offences in Karnataka State designated

S.O. 3804(E) - (04/12/2017) - LIX Additional City Civil and Sessions Judge, Bengaluru City is designated as Special Court for the purposes of providing speedy trial of offences punishable with imprisonment of two years or more under section 435(1) of the Companies Act, 2013...

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Form CRA-4 filing due date extended to 31st December, 2017 by MCA

General Circular No. 15/2017 - (04/12/2017) - The Ministry of Corporate Affairs has received several representations about extension of the last date for filing of Form CRA-4 without additional fees on account of Companies (Cost Records and Audit) Amendment Rules, 2017 and other reasons. The matter has been examined and it has been decided to e...

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Companies (Filing of documents and forms in XBRL) Second Amendment, Rules, 2017

G.S.R.1480(E) - (04/12/2017) - In exercise of the powers conferred by sub-sections (1) and (2) of section 469 read with section 398 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Filing of Documents and Forms in Extensible Business Reporting Languag...

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MCA highlights Irregular certification of ROC e-forms

Ref: RD/NER/406 - (01/12/2017) - Various e-forms AOC-4 were certified by you stating- I declare that I have been duly engaged for the purpose of certification of this form. It is hereby certified that I have gone through the provisions of the Companies Act, 2013 and Rules there under for the subject matter of this form and matters ...

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Recent Posts in "Companies Act"

Oppression And Mismanagement under Companies Act, 2013

Instances which can be termed as mismanagement 1. Preventing directors from functioning 2. Violations of statutory provisions 3. Violations of provisions of MOA & AOA of the company 4. Misuse of funds etc...

Read More
Posted Under: Company Law |

Procedure for Incorporation of Private Company- Spice E-Form-32

This eForm is accompanied by supporting documents including details of Directors & subscribers, MoA and AoA etc. Once the eForm is processed and found complete, company would be registered and CIN would be allocated....

Read More
Posted Under: Company Law |

Time to file Appeal in NCLAT against Order of Adjudicating Authority

Amod Amladi V/s. Mrs. Sayali Rane & Anr. (NCLAT Delhi)

Article discusses Time Period for Filing of Appeal in National Company Law Appellate Tribunal (NCLAT) against the order of adjudicating authority in the light of Section 62(2) of Insolvency and Bankruptcy Code, 2016 and NCLAT Judgments in the case of Steam Amod Amladi V/s. Mrs. Sayali Rane & Anr and Nityanand Singh and Co. V/s Ferrous Inf...

Read More
Posted Under: Company Law | |

Perusal of Pending Proceeding before HC after declaration of Moratorium in IBC, 2016

Steamline Industries Ltd Vs. Tecpro Systems Ltd (NCLAT Delhi)

In this editorial author discusses Judgment National Company Law Appellate Tribunal (NCLAT) in the case of Steamline Industries Ltd Vs. Tecpro Systems Ltd with reference to Section 14(1)(a) and 238 of the nsolvency and Bankruptcy Code, 2016 (IBC, 2016) on the issue Whether Pending Proceeding before Honourable High Court can be peruse aft...

Read More
Posted Under: Company Law | |

Interpretation of Loan to Directors (sec 185)- An analysis

The provisions of section 185 prohibits from granting any loans ,giving of guarantees or providing any security for loans advanced to its directors or any other person in whom the director is interested , except in cases where specific exemptions are stipulated in the section....

Read More
Posted Under: Company Law |

Time Period Under ‘IBC’ Mandatory or Recommendatory

In this editorial author discuss the provisions under of I&B Code, 2016 in respect of different – 2 time limits mentioned under the Act i.e. Section 12. (1) Subject to sub-section (2), the corporate insolvency resolution process shall be completed within a period of one hundred and eighty days from the date of admission of the applica...

Read More
Posted Under: Company Law |

Whether POA Holder Can File Application Under IBC, 2016

Shriram EPC Limited Vs. Rio Glass Solar SA (NCLAT Delhi)

The 'I&B Code' is a complete Code by itself. The provision of the Power of Attorney Act, 1882 cannot override the specific provision of a statute which requires that a particular act should be done by a person in the manner as prescribed thereunder. Therefore, we hold that a 'Power of Attorney Holder' is not competent to file an applicat...

Read More
Posted Under: Company Law | |

Issue of Compulsorily Convertible Debentures through Private Placement

1. Company proposes to offer compulsorily convertible debentures to its existing members i.e. Proposed Allottees on a preferential allotment basis. 2. Issue of debentures are governed by Section 71 of the Act, read with Rule 18 of The Companies (Share Capital and Debentures) Rules, 2014 ...

Read More
Posted Under: Company Law |

Secretarial Audit- A mandate and governance transparency

In common parlance audit refers to the systematic examination and verification of the records, transactions, documents and physical inspection of the activities by qualified personnel. ...

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Posted Under: Company Law |

Provisions to be complied with while Incorporation of Company

Know what one should be aware of before approaching any Professional Expert to set up your Limited Company. While registering any Limited Company, certain rules and regulation of Indian Companies Act, 2013 shall be followed in order to make sure that your company does not face any legal obstacles and complications....

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Posted Under: Company Law |
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