Companies Act

Comparison between provisions of Woman Director as per Companies Act 2013 & LODR

Company Law - This article seeks to highlight the common points and uncommon points on appointment of woman director as per Companies Act, 2013 and SEBI (LODR) Regulations Women Director comparison as per Companies Act and SEBI (LODR) Regulations 2015 Reg. or Section LODR Regulations 17 (1) :- The composition of board of directors of the listed entity ...

Read More

Small Shareholders’ Director- Analysis

Company Law - Section 151 of the Companies Act, 2013 A listed company may have one director elected by such small shareholders in such manner and with such terms and conditions as may be prescribed. Explanation.—For the purposes of this section “small shareholders” means a shareholder holding shares of nominal value of not more than twenty thousa...

Read More

Stamp Duty on Issue of Share Certificates- Brief Study

Company Law - Brief Note: In General Sense Shares Means A Portion Of A Larger Amount Which Is Divided Into No. Of People. In Legal Terms As Per Companies Act 2013, Section 84(2) ‘Shares’  Means A Share In The Capital Of A Company And Includes Stock. A Share Certificate Is A Certificate Issue By A Company To A […]...

Read More

Bonus Issue of Shares as per Section 63 of Companies Act, 2013

Company Law - Bonus Shares are shares given to the existing shareholders in proportion to the number of shares they hold. They are additional shares given to the current shareholders. It is the further issue of shares by a company to its existing shareholders without any receipt of any consideration. For Example if investor holds  100 shares of [&hell...

Read More

Internal Financial Controls- A brief introduction

Company Law - Board of Directors have to confirm that they have laid down IFC and that such IFC are adequate and were operating effectively. Audit Committee Should evaluate IFC and risk management systems. Call on the auditors to comment on IFC....

Read More

Disclosure on implementation of SH Act mandatory in Director’s report

Company Law - Disclosure regarding implementation of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (SH Act,2013) made mandatory in the Director’s report as per amended the Company (Account) Rules, 2014 Press Information Bureau Government of India Ministry of Women and Child Development 21-December-2018 17:2...

Read More

Major changes in Company Law & Corporate Law during last one year

Company Law - Companies (Amendment)Act , 2017 enacted; Out of total 93 Sections,  92 Sections brought into force along with relevant Rules  MCA proposes to introduce Companies (Amendment) Bill, 2018 to replace Companies (Amendment) Ordinance 2018 in the ongoing Winter Session of Parliament Insolvency and Bankruptcy Code (Amendment) Act, 2018 & In...

Read More

Companies (Amendment) Bill, 2018 as introduced in Lok Sabha

Company Law - (1) This Act may be called the Companies (Amendment) Act, 2018. (2) It shall be deemed to have come into force on the 2nd day of November, 2018....

Read More

Draft amendment to rule 8 of Companies (Incorporation) Rules, 2014 – Name Availability

Company Law - Names which resemble too nearly with the name of an 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-rule (2), the names are same....

Read More

ICAI withdraws Guide on disclosure of Specified Bank Notes

Company Law - The Ministry of Corporate Affairs vide notification dated March 30, 2017 notified Companies (Audit and Auditors) Amendment Rules, 2017 and Amendment to Schedule III to the Companies Act, 2013. Vide this amendment, the following new clause was inserted in Rule 11 of Companies (Audit and Auditors) Rules, 2014...

Read More

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...

Read More

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....

Read More

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...

Read More

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...

Read More

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...

Read More

President Assent Companies (Amendment) Ordinance, 2019

Notification No. 3 of 2019 - (12/01/2019) - 1. (1) This Ordinance may be called the Companies (Amendment) Ordinance, 2019. (2) It shall be deemed to have come into force on the 2nd day of November, 2018....

Read More

Re-Constitution and Re-naming of Advisory Group of NFCSR

Order No. 11/02/2018-CSR - (07/01/2019) - Re-Constitution and Re-naming of Advisory Group of National Foundation for Corporate Social Responsibility (NFCSR) as Governing Council, NFCSR...

Read More

Re-Constitution of Steering Committee of National Foundation for CSR

Order No. 11/ 02/ 2018-CSR - (07/01/2019) - Pursuant to the approval of Hon'ble Minister of Corporate Affairs, a restructured Steering Committee of National Foundation for Corporate Social Responsibility (NFCSR) is hereby constituted to prepare a roadmap, oversee the functioning and steer the activities of NFCSR for providing policy inputs an...

Read More

Companies (Incorporation) Fourth Amendment Rules, 2018

G.S.R.(E). - (18/12/2018) - 23A. Declaration at the time of commencement of business.- The declaration under section 10A by a director shall be in Form No.INC-20A and shall be filed as provided in the Companies (Registration Offices and Fees) Rules, 2014 and the contents of the said form shall be verified by a Company Secretar...

Read More

Companies (Registration of Charges) Second Amendment Rules, 2018

F.No. 01/10/2013, Part-I CL-V - (18/12/2018) - MCA has introduced Revised eForm CHG-4 -Particulars for satisfaction of charge vide Companies (Registration of Charges) Second Amendment Rules, 2018. eForm CHG-4 is required to be filed pursuant to Section 82(1) of the Companies Act, 2013 and Rule 8(1) of Companies (Registration of Charges) Rules, 2...

Read More

Recent Posts in "Companies Act"

Comparison between provisions of Woman Director as per Companies Act 2013 & LODR

This article seeks to highlight the common points and uncommon points on appointment of woman director as per Companies Act, 2013 and SEBI (LODR) Regulations Women Director comparison as per Companies Act and SEBI (LODR) Regulations 2015 Reg. or Section LODR Regulations 17 (1) :- The composition of board of directors of the listed entity ...

Read More
Posted Under: Company Law |

Small Shareholders’ Director- Analysis

Section 151 of the Companies Act, 2013 A listed company may have one director elected by such small shareholders in such manner and with such terms and conditions as may be prescribed. Explanation.—For the purposes of this section “small shareholders” means a shareholder holding shares of nominal value of not more than twenty thousa...

Read More
Posted Under: Company Law |

President Assent Companies (Amendment) Ordinance, 2019

Notification No. 3 of 2019 (12/01/2019)

1. (1) This Ordinance may be called the Companies (Amendment) Ordinance, 2019. (2) It shall be deemed to have come into force on the 2nd day of November, 2018....

Read More

Stamp Duty on Issue of Share Certificates- Brief Study

Brief Note: In General Sense Shares Means A Portion Of A Larger Amount Which Is Divided Into No. Of People. In Legal Terms As Per Companies Act 2013, Section 84(2) ‘Shares’  Means A Share In The Capital Of A Company And Includes Stock. A Share Certificate Is A Certificate Issue By A Company To A […]...

Read More
Posted Under: Company Law |

Bonus Issue of Shares as per Section 63 of Companies Act, 2013

Bonus Shares are shares given to the existing shareholders in proportion to the number of shares they hold. They are additional shares given to the current shareholders. It is the further issue of shares by a company to its existing shareholders without any receipt of any consideration. For Example if investor holds  100 shares of [&hell...

Read More
Posted Under: Company Law |

Internal Financial Controls- A brief introduction

Board of Directors have to confirm that they have laid down IFC and that such IFC are adequate and were operating effectively. Audit Committee Should evaluate IFC and risk management systems. Call on the auditors to comment on IFC....

Read More
Posted Under: Company Law |

Checklist For Voluntary Winding Up Of Company

Voluntary winding up of the Company- Appointment of Liquidator (An insolvency professional shall be appointed who is independent from the company). To consider and approve Declaration of Solvency and affidavit by the directors of the Company....

Read More
Posted Under: Company Law |

Reduction of Equity Share Capital – Tax Implication (A Supplement)

1. PREAMBLE This is in continuation of, to serve the purpose of a supplement to, the discussion in the previous posted Article @  Reduction of Equity Share Capital – Tax Implication The two ITAT cases stand out, as  a sore thumb. in that, reminds self, of similar instances often come across, sadly for more than one […]...

Read More
Posted Under: Company Law |

Fast Track Merger U/s 233 of Companies Act, 2013

Section 233 of the Companies Act, 2013 read with Rule 25 of The Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 came into force w.e.f. 15th December 2016.It provides the concept of simplified merger. Under Companies Act, 1956 all the mergers and restructurings had to go through with lengthy proceedings, intervention of...

Read More
Posted Under: Company Law |

Appointment of auditor in Casual Vacancy under Companies Act, 2013

Casual Vacancy of the Auditor means a vacancy caused due to death, resignation, disqualification etc. of the auditor after accepting a valid appointment because of which the auditor cease to act as auditor of the company. How to fill Casual Vacancy arising due to resignation by the Auditor(s)? IN CASE OF A COMPANY WHOSE ACCOUNTS ARE [&he...

Read More
Posted Under: Company Law |

Browse All Categories

CA, CS, CMA (3,961)
Company Law (4,191)
Custom Duty (7,147)
DGFT (3,825)
Excise Duty (4,173)
Fema / RBI (3,563)
Finance (3,773)
Income Tax (28,538)
SEBI (3,016)
Service Tax (3,418)

Search Posts by Date

January 2019
M T W T F S S
« Dec    
 123456
78910111213
14151617181920
21222324252627
28293031