The Companies Act is a legislation that governs the formation, functioning, and management of companies. Explore the key provisions, compliance requirements, and legal framework under the Companies Act.
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Sec 185 is applicable to both Public and Private Company. However A Private Company which satisfies the following conditions w.e.f. 5th June 2015 would not invite restrictions contained in section 185
Company can claim to be small company as per Act on fulfilling the following provisions: 1) Company should be Private Limited 2) Paid Up capital should not be more than Rs. 50 Lakh 3) Turnovers should not exceed more than Rs. 2 cr
Initial conditions to be satisfied : 1. Minimum having seven partners, 2. Minimum share capital for private limited is Rs. 1,00,000, 3. No. Of directors shall be 2 or more., 4. Provision contained under section 47(xiii) needs to be adhered and the same is reproduced as below :
No investment shall be made or loan or guarantee or security given by the Company unless resolution sanctioning it passed at the meeting of the Board with the consent of all the directors present at the meeting.
The Directors of a company function and exercise most of their powers at periodical meetings of the Board. The meeting to be vaild has to comply with the provisions of the Companies Act 2013
NCLT/Regional Director can compound offences which are punishable with fine only. Offence can be compounded by Regional Director or person authorised by Central Government if maximum amount of fine that can be imposed does not exceed Rs. 5,00,000/=.
Sweat equity shares refers to equity shares given to the company’s employees on favourable terms, in recognition of their work. It is one of the modes of making share based payments to employees of the company.
NCLT, while exercising the power of rectification under section 254(2), can recall its order in its entirety if it is satisfied that prejudice has resulted to the party which is attributable to the Tribunal’s mistake, error or omission
Applicant can appear before the Tribunal or the Appellate Tribunal in person or can authorise a chartered accountant, company secretary, cost and works accountant or a lawyer to appear before NCLT, NCLAT.
Producer Company is a company registered under the Companies Act; 2013 and shall carry on any of the following activities: (i) Production, harvesting, procurement, grading, pooling, handling, marketing, selling, export of primary produce of members or import of goods or services for their benefit;