Companies Act

Payment of Stamp Duty on Share Certificates in Delhi

Company Law - Share certificate being an instrument requires stamping as per the Indian Stamp Act. Stamp duty on share certificate is a state matter and delay in payment of stamp duty attracts penalty. Stamp duty is to be paid first at the time of incorporation on share certificate issued to the subscribers and thereafter on every further […]...

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Due dates & purpose of IEPF E-Forms w.r.t. dividend & shares

Company Law - Clarities on due dates and purpose of various E-Forms under IEPF provisions w.r.t. dividend & shares as per Section 124 & 125 Companies Act, 2013 read with IEPF Authority (Accounting, Audit, Transfer and Refund) Rules, 2016 as amended...

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Private Company Registration, Benefits and Compliances

Company Law - Today, Private Companies are widely preferred by startups and young generation entrepreneurs over other forms of business. In these article, we list out features, benefits, registration process and post-registration compliance requirement to run private companies smoothly....

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Appointment of Managerial Personnel: Insight on amendments notified on 12.09.2018

Company Law - Appointment of Managerial Personnel – Insight on amendments notified on 12th Sep 2018 As on 12th September 2018, Ministry of Corporate Affairs has notified Section 66 to 70 of Companies Amendment Act, 2017, introduced Companies (Appointment and Remuneration of Managerial Personnel) Amendment Rules, 2018 and amended schedule V of Compa...

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Director’s KYC a nightmare for Directors, Professionals & Government

Company Law - Government has recently announced a drive for e-KYC of all the directors of Indian Companies.  It was proclaimed as a process of weeding out ghost directors out of the systems.  The last date to complete Director KYC process was 15th September, 2018 which has been over now.  As per the current norms all the DIN […]...

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Extend due date of AGM and Annual E-forms for Kerala Companies: ICSI

Company Law - As you are kindly aware, under the provisions of Companies Act 2013, every company is required to hold an Annual General Meeting in each year within a period of six months from the date of closing of financial year, which in majority cases, falls in September, 2018....

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Form DIR-3 KYC- No further extension- ICSI Representation- Din Deactivation Starts

Company Law - Last date for filing form DIR-3 KYC without fee has expired on 15th September 2018. The process of deactivating the non-compliant DINs is in progress and is likely to be completed by 17th September 2018. Please note that the form DIR-3 KYC will not be available for filing during the pendency of this activity (from 16th September 2018 to 1...

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MCA to award Companies for their CSR intervention

Company Law - With the enforcement of Companies Act, 2013, Corporate Social Responsibility (CSR) provision under Section 135 has become applicable for companies meeting certain thresholds defined in the Act. The mandate for CSR spend, requiring such companies to spend two percent of their net profit on approved CSR activities, has now become a part of ...

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Disclosure requirement relating to SBNs not applies to F.Y. 2017-18

Company Law - In Notes to Account as well as Audit Report, the disclosure requirement relating to SBNs are not applicable for the Financial Year 2017-18 & subsequent years. Consequent disclosures may be made in the Financial Statements/Audit Reports....

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Report of the Committee to review offences under Companies Act, 2013

Company Law - Report of the Committee to review offences under Companies Act, 2013 attempts to make an objective assessment of the existing regulatory framework under the Companies Act, 2013 and makes recommendations to be able to achieve a marked improvement in corporate compliance. In order to ensure that serious offenders are brought to book, it is ...

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No legal bar on merger of an Indian LLP with an Indian Company

M/s. Real Image LLP  Vs  M/s. Qube Cinema Technologies Private Limited (NCLI) - M/s. Real Image LLP  Vs  M/s. Qube Cinema Technologies Private Limited (NCLI) Legislative intention behind enacting both the LLP act 2008 and The Companies Act 2013 is to facilitate the ease of doing business and create a desirable business atmosphere for companies and LLPs. For this purpose, bo...

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SC Stayed Bombay HC Order Granting Relief to Disqualified Director

Registrar Of Companies Maharashtra Mumbai & Anr Vs. Shailendrajit Charanjit Rai & Anr. (Supreme Court) - On Monday, 06th August 2018, the Honourable Supreme Court has stayed Bombay High Court Interim Order for granting relief to Disqualified Director by admitting Special Leave Petition by Ministry of Corporate Affairs....

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A person cannot be disqualified for non submission of his resignation by company in question

Karn Gupta Vs Union of India (Delhi High Court) - It is submitted that in the above facts and circumstances of the case that the petitioner has resigned from the directorship of the company in question, the petitioner would not incur a disqualification under Section 164 of the Companies Act. Consequently, the disqualification of the petitioner as n...

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Restore Company name when company expresses its willingness to file ROC returns with late fee: NCLT

Ms. Rashmi Rajpal v. Klienz Herbal (P.) Ltd. (National Company Law Tribunal, Hyderabad Bench) - Ms. Rashmi Rajpal v. Klienz Herbal (P.) Ltd. (National Company Law Tribunal, Hyderabad Bench) Where name of a company was struck off because of delay in filing statutory returns, reasons of which was explained, and, company had expressed its willingness to file all returns along with payment of pr...

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Delhi HC order on Filing of Returns by disqualified Directors under COD Scheme

Ms. Seema Singh Vs. Ms. Maninder Acharya (Delhi High Court) - 1. This bunch of writ petitions have been filed by persons who were directors in companies incorporated under the provisions of the Indian Companies Act, 1956. Apart from these companies, these petitioners have stated in the writ petitions that they were directors of other companies as well. In seve...

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MCA amends Section 135 (CSR) of Companies Act, 2013 wef 19.09.2018

File No. 1/1/2018-CL-I - (19/09/2018) - MCA notifies Commencement of section 37 of Companies (Amendment) Act, 2017- Corresponding section of the Companies Act, 2013 for which is section 135 related to Corporate Social Responsibility. ...

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Companies (CSR) Amendment Rules, 2018

G.S.R...(E). - (19/09/2018) - MCA notifies Companies (Corporate Social Responsibility Policy) Amendment Rules, 2018 to amend to amend the Companies (Corporate Social Responsibility Policy) Rules, 2014 vide notification dated 19th September, 2018. GOVERNMENT OF INDIA MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, the 19th ...

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MCA notifies sections 66 to 70 of Companies (Amendment) Act, 2017

S.O. __ (E) - (12/09/2018) - MCA vide notification dated 12.09.2018 notifies sections 66 to 70 (both inclusive) of Companies (Amendment) Act, 2017 and amended Section 196, 197, 198, 200 and 201 of the Companies Act, 2013. In pursuance of its policy of Minimum Government-Maximum Governance and providing Ease of Doing Business to...

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Companies (appointment and remuneration of managerial personnel) Amendment Rules 2018

G . S . R. - (12/09/2018) - MCA notifies Revised Form No. MR-2- Form of application to the Central Government for approval of appointment of managing director or whole time director or manager by notifying Companies (Appointment and Remuneration of Managerial Personnel) Amendment Rules, 2018. Government of India Ministry of Co...

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MCA Amends Schedule V of Companies Act, 2013

S.O. .... (E). - (12/09/2018) - Central Government amends Schedule V of Companies Act, 2013 vide Notification dated 12th September, 2018 and amends Part I and Part II related to Conditions To Be Fulfilled For The Appointment Of A Managing Or Whole-Time Director Or A Manager Without The Approval Of The Central Government Appointmen...

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Recent Posts in "Companies Act"

Payment of Stamp Duty on Share Certificates in Delhi

Share certificate being an instrument requires stamping as per the Indian Stamp Act. Stamp duty on share certificate is a state matter and delay in payment of stamp duty attracts penalty. Stamp duty is to be paid first at the time of incorporation on share certificate issued to the subscribers and thereafter on every further […]...

Read More
Posted Under: Company Law |

MCA amends Section 135 (CSR) of Companies Act, 2013 wef 19.09.2018

File No. 1/1/2018-CL-I (19/09/2018)

MCA notifies Commencement of section 37 of Companies (Amendment) Act, 2017- Corresponding section of the Companies Act, 2013 for which is section 135 related to Corporate Social Responsibility. ...

Read More

Companies (CSR) Amendment Rules, 2018

G.S.R...(E). (19/09/2018)

MCA notifies Companies (Corporate Social Responsibility Policy) Amendment Rules, 2018 to amend to amend the Companies (Corporate Social Responsibility Policy) Rules, 2014 vide notification dated 19th September, 2018. GOVERNMENT OF INDIA MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, the 19th September, 2018 G.S.R…(E).- In exe...

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Due dates & purpose of IEPF E-Forms w.r.t. dividend & shares

Clarities on due dates and purpose of various E-Forms under IEPF provisions w.r.t. dividend & shares as per Section 124 & 125 Companies Act, 2013 read with IEPF Authority (Accounting, Audit, Transfer and Refund) Rules, 2016 as amended...

Read More
Posted Under: Company Law |

Private Company Registration, Benefits and Compliances

Today, Private Companies are widely preferred by startups and young generation entrepreneurs over other forms of business. In these article, we list out features, benefits, registration process and post-registration compliance requirement to run private companies smoothly....

Read More
Posted Under: Company Law |

Extend due date of AGM and Annual E-forms for Kerala Companies: ICSI

Extend due date of AGM and Annual E-forms for Kerala CompaniesMCA/2018 (14/09/2018)

As you are kindly aware, under the provisions of Companies Act 2013, every company is required to hold an Annual General Meeting in each year within a period of six months from the date of closing of financial year, which in majority cases, falls in September, 2018....

Read More
Posted Under: Company Law |

Appointment of Managerial Personnel: Insight on amendments notified on 12.09.2018

Appointment of Managerial Personnel – Insight on amendments notified on 12th Sep 2018 As on 12th September 2018, Ministry of Corporate Affairs has notified Section 66 to 70 of Companies Amendment Act, 2017, introduced Companies (Appointment and Remuneration of Managerial Personnel) Amendment Rules, 2018 and amended schedule V of Compa...

Read More
Posted Under: Company Law |

Director’s KYC a nightmare for Directors, Professionals & Government

Government has recently announced a drive for e-KYC of all the directors of Indian Companies.  It was proclaimed as a process of weeding out ghost directors out of the systems.  The last date to complete Director KYC process was 15th September, 2018 which has been over now.  As per the current norms all the DIN […]...

Read More
Posted Under: Company Law |

Dematerialisation of Securities (Depositories Act, 1996)

CS Rohit Verma As per Ministry of Corporate Affairs new amendment notification dated 10th September 2018 requiring Admission for Unlisted Company for offering the facility of dematerialisation to shareholders. In this regard, we wish to inform you that the Issuer may establish electronic connectivity with registrar and transfer agents (RT...

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Posted Under: Company Law |

Legality of MCA’s Notification on Annual KYC of Directors

Now that the time for filing DIR-3 KYC has just go over on September 15th for those directors who were already on record as on March 31st 2018, its time to critically review the requirement for annual KYC This article examines the rationale for the exercise and suggests better ways to achieve the desired objective...

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Posted Under: Company Law |

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