Companies Act

Conversion of Public Company into Private Company: Practice & Procedure

Company Law - Companies Act, 2013 (Act) provides for conversion of companies from one form to another. One such important conversion is conversion of public company to private company....

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Objective of Section 89 & 90 | Beneficial Interest | Companies Act 2013

Company Law - OBJECTIVE OF SECTION 89 & 90 OF COMPANIES ACT, 2013 IN RESPECT OF ‘BENEFICIAL INTEREST’ Although both the provisions are based on two concepts ‘beneficial interests’ & ‘beneficial owner’. Both these terms are to be understood in respect of both the Sections and although both sections are based o...

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Who is Significant Beneficial Owner Illustration And FAQ on BEN-2

Company Law - Calendar of the Events : MCA on 15th February 2018, came out with draft of Companies (Beneficial Interest and Significant Beneficial Interest) Rules 2018. On June 14, 2018, MCA issued the Companies (Beneficial Interest and Significant Beneficial Interest) Rules 2018 and enforced section 90 of the Amendment Act. On Feb 8, 2019, MCA has not...

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Procedure for Conversion of Public Company into Private Company

Company Law - Over the recent years compliances for public Companies has been increased like transfer of shares into demat forms, allotment of new shares into demat form, etc. and therefore, many closely held companies are getting themselves converted into a private limited. Private limited company is easier to operate, enjoys a set of exemptions and m...

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Applicability and other Provisions of NFRA Rules, 2018

Company Law - Analysis of Applicability and Other Provisions of National Financial Reporting Authority (Nfra), Rules, 2018 Attention: Form NFRA – 1 is Available for filing purpose and last date of filing is 31st July 2019. Form is uploaded on NFRA website. Link of NFRA Website: https://nfra.gov.in/ Notification on Date of Filing of NFRA-1  Last ...

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FAQs on Companies Act, 2013- ICAI e-book

Company Law - FREQUENTLY ASKED QUESTIONS ON THE COMPANIES ACT, 2013 (Revised July, 2019 Edition) To keep the members abreast of the frequent developments and also to develop their understanding about the intricacies of various new provisions of the Companies Act, 2013, the Corporate Laws & Corporate Governance Committee (CL&CGC) of the Institut...

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Guidance Note on Division II-Ind As Schedule III to Companies Act, 2013

Company Law - ICAI GUIDANCE NOTE ON DIVISION II-IND AS SCHEDULE III TO THE COMPANIES ACT, 2013 (Revised July 2019 Edition) The Government is bringing out several changes in the Companies Act, 2013 from time to time to enhance transparency by way of mandating additional disclosures. Towards the same, the Ministry for Corporate Affairs has issued a Notif...

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Guidance Note on Division I-Non Ind as Schedule III to Companies Act, 2013

Company Law - ICAI GUIDANCE NOTE ON DIVISION I-NON IND AS SCHEDULE III TO THE COMPANIES ACT, 2013 (Revised July 2019 Edition) The Division I to the Schedule III of the Companies Act, 2013 lays down the format for preparation of the financial statements by the Companies that are required to comply with Companies (Accounting Standards), Rules, 2006, [&he...

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MCA likely to made available Form BEN-2 w.e.f 2nd July 2019

Company Law - Form BEN-2 (Return to the Registrar in respect of declaration under Section 90), is likely to be made available for filing on the portal w.e.f 2nd July 2019. Stakeholders may please take note and plan accordingly keeping in view Ministry’s General Circular No: 07/2018 dated 6th September 2018. FORM NO. BEN-2  is issued Pursuant to [&he...

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Last date of filling up Form NFRA-1 will be 31.07.2019- NFRA

Company Law - It is intimated that NFRA-1 Form for intimation of appointment of Auditors to NFRA has been deployed on the website of NFRA (nfra.gov.in) and accordingly the last date of filing the same by the Entities concerned will be 31.07.2019. National Financial Reporting Authority 8th Floor Hindustan Times Building, K.G. Marg New Delhi Ph-011-23355...

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Not to count Voting % of absent Financial Creditors to count voting shares: NCLAT

IDBI Bank Limited Vs Mr. Anuj Jain (National Company Law Appellate Tribunal) - IDBI Bank Limited Vs Mr. Anuj Jain (National Company Law Appellate Tribunal) As the voting is on, which is likely to be completed today by 5.00 p.m., we are not inclined to pass any specific order in the present I.A. No. 1857 of 2019 filed by the ‘IDBI Bank Limited’. After voting the decision if...

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NCLAT order allowing re-opening of books and re-casting of financial statements of IL&FS valid: SC

Hari Sankaran Vs Union of India & amp (Supreme Court of India) - Hari Sankaran Vs Union of India & amp (Supreme Court of India) Civil Appeal No. 3747 of 2019 titled Hari Sankaran vs. Union of India & Others filed by Ex-Director of Infrastructure Leasing & Financial Services Limited before the Apex Court has been dismissed by the Hon’ble Cour...

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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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Companies (Significant Beneficial Owners) second Amendment Rules, 2019

G.S.R. 466(E). - (01/07/2019) - MCA notifies Companies (Significant Beneficial Owners) second Amendment Rules, 2019 and also notified revised FORM NO. BEN-2 - Return to the Registrar in respect of declaration under section 90....

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Section 81 of Companies (Amendment) Act, 2017 applicable from 15 August 2019

S.O.2269(E) - (01/07/2019) - Central Government hereby appoints the 15 August, 2019 as the date on which the provisions of section 81 of the Companies (Amendment) Act, 2017 shall come into force. Government of India Ministry of Corporate Affairs Notification New Delhi, 01st July, 2019 S.O.2269(E).- In exercise of the powers con...

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Nidhi (Amendment) Rules, 2019

G.S.R.467(E) - (01/07/2019) - Nidhi means a company which has been incorporated as a Nidhi with the object of cultivating the habit of thrift and savings amongst its members, receiving deposits from, and lending to, its members only, for their mutual benefit, and which complies with the rules made by the Central Government for r...

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Last date of filling up Form NFRA-1 will be 31.07.2019- NFRA

No. NF-11/1/2019-0/o Secy-NFRA - (01/07/2019) - It is intimated that NFRA-1 Form for intimation of appointment of Auditors to NFRA has been deployed on the website of NFRA (nfra.gov.in) and accordingly the last date of filing the same by the Entities concerned will be 31.07.2019. National Financial Reporting Authority 8th Floor Hindustan Times Bu...

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DIR-3 KYC: Simplification, Due date Extension- New Updates

General Circular No. 07/2019 - (27/06/2019) - DIR KYC date will be extended (due to non-availability of revised form till date) and method of doing KYC will be updated as under:- 1. If all details of Director are same as on MCA portal, then web-based KYC verification with pre-filled data based on the records in the registry....

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Recent Posts in "Companies Act"

Conversion of Public Company into Private Company: Practice & Procedure

Companies Act, 2013 (Act) provides for conversion of companies from one form to another. One such important conversion is conversion of public company to private company....

Read More
Posted Under: Company Law |

Objective of Section 89 & 90 | Beneficial Interest | Companies Act 2013

OBJECTIVE OF SECTION 89 & 90 OF COMPANIES ACT, 2013 IN RESPECT OF ‘BENEFICIAL INTEREST’ Although both the provisions are based on two concepts ‘beneficial interests’ & ‘beneficial owner’. Both these terms are to be understood in respect of both the Sections and although both sections are based o...

Read More
Posted Under: Company Law |

Who is Significant Beneficial Owner Illustration And FAQ on BEN-2

Calendar of the Events : MCA on 15th February 2018, came out with draft of Companies (Beneficial Interest and Significant Beneficial Interest) Rules 2018. On June 14, 2018, MCA issued the Companies (Beneficial Interest and Significant Beneficial Interest) Rules 2018 and enforced section 90 of the Amendment Act. On Feb 8, 2019, MCA has not...

Read More
Posted Under: Company Law |

Procedure for Conversion of Public Company into Private Company

Over the recent years compliances for public Companies has been increased like transfer of shares into demat forms, allotment of new shares into demat form, etc. and therefore, many closely held companies are getting themselves converted into a private limited. Private limited company is easier to operate, enjoys a set of exemptions and m...

Read More
Posted Under: Company Law |

Applicability and other Provisions of NFRA Rules, 2018

Analysis of Applicability and Other Provisions of National Financial Reporting Authority (Nfra), Rules, 2018 Attention: Form NFRA – 1 is Available for filing purpose and last date of filing is 31st July 2019. Form is uploaded on NFRA website. Link of NFRA Website: https://nfra.gov.in/ Notification on Date of Filing of NFRA-1  Last ...

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Posted Under: Company Law |

MCA / ROC Compliance Calendar for July 2019

Compliance Requirement UNDER Companies Act, 2013 and Rules made thereunder includes compliance related to MCA E- Form INC 20A, Form NFRA-1, Form BEN-1, Form BEN – 2, Active Form INC -22A, E-Form DIR – 3 KYC, E-Form PAS – 6, E –Form DPT – 3 (One Time Return) and E –Form DPT – 3 (Half […]...

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Posted Under: Company Law |

Resolutions which require Special Notice | Section 115 | Companies Act 2013

Section 115 of the companies act 2013 provides that where, any provision contained in this Act or in the articles of a company, special notice is required of any resolution, notice of the intention to move such resolution shall be given to the company by such number of members holding not less than 1% of […]...

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Posted Under: Company Law |

Analysis of Companies (Significant Beneficial Owners) Rules

The Companies (Significant Beneficial Owners) Rules, 2018 read with the Companies (Significant Beneficial Owners) Amendment Rules, 2019. RULE NO. 2. Significant Beneficial Owner, in relation to a Reporting Company MEANS an INDIVIDUAL referred to in section 90(1) , who acting alone or together, or through one or more persons or trust, poss...

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Posted Under: Company Law |

Analysis of Significant Beneficial Ownership Rules, 2019

SIGNIFICANT BENEFICIAL OWNERSHIP RULES, 2019 WHO ISASIGNIFICANT BENEFICIAL OWNER (SBO)? Means an individual as per Sec 90(1) who acting alone or together, or through one or more persons or trust, possesses one or more of the following rights or entitlements in such reporting company, namely: holds indirectly, or together with any direct h...

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Posted Under: Company Law |

Rectification of Name under Companies Act, 2013

Applicable Law Section 16 of the Companies Act, 2013 talks about the Rectification of name of the Company. If, through inadvertence or otherwise, a company on its first registration or on its registration by a new name, is registered by a name which, — a) in the opinion of the Central Government, is identical with or […]...

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Posted Under: Company Law |

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