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.
Company Law : The issue revolves around the complexities in transferring shares without nomination. The framework allows direct vesting of share...
Company Law : The issue examines whether delayed adjustment of advances automatically triggers deposit classification. The key takeaway is that ...
Company Law : The procedure outlines steps for altering the Memorandum of Association, including board approval, shareholder resolution, and reg...
Company Law : The Bill decriminalises minor offences by converting them into civil penalties, reducing fear of prosecution for procedural lapses...
Company Law : The amendment merges 11 forms into two streamlined frameworks to reduce compliance burden. The key takeaway is faster, simpler com...
Company Law : NFRA introduced guidelines to evaluate audit firms’ compliance and quality control systems. The framework emphasizes governance,...
Company Law : ICSI highlights delays in marking defective forms by RoCs under CCFS 2026. It urges MCA to mandate time-bound processing or allow ...
Company Law : The issue is ambiguity in filing authority during liquidation. ICSI has requested clarity to enable liquidators to maintain statut...
Company Law : The initiative addresses inefficiencies in the current filing system and proposes consolidation and automation. It highlights a sh...
Company Law : The MCA introduced a streamlined process for updating registered email IDs of companies and LLPs. The update ensures seamless rece...
Company Law : Legal Analysis and Narrative Brief: Dale and Carrington Investment Pvt. Ltd. and Another v. P.K. Prathapan and Others (Supreme Cou...
Company Law : The case examined whether Tribunal approval was required for extending preference share redemption. It was held that such extensio...
Company Law : The Tribunal held that allegations of siphoning ₹30 lakh were not supported by any evidence tracing funds to the respondent. Mer...
Company Law : The Court held that a separate meeting of sub-class shareholders is not required when identical terms are offered to the entire cl...
Company Law : Supreme Court held that section 66 of the Companies Act, 2013 doesn’t require mandatory obtaining or circulating of formal valua...
Corporate Law : The order permits single judicial members to handle procedural and uncontested matters. It ensures faster case disposal while pres...
Company Law : A director was penalized for holding two DINs in violation of statutory provisions. The key takeaway is that even inadvertent non-...
Company Law : The company failed to conduct the required number of board meetings and exceeded statutory time gaps. The key takeaway is that str...
Company Law : Filing incorrect details in statutory forms attracts penalties even if later corrected. The key takeaway is that rectification doe...
Company Law : The case involved non-maintenance of a functional registered office, evidenced by undelivered official communication. The authorit...
It is known to the corporate professionals that there are so many complications in getting the disputes resolved among shareholders in the Company. The disputes among the shareholders or the groups tend to come in closely held companies as the largely held Public Limited Companies should follow SEBI (DIP) regulations while allotting shares and as SEBI and the Stock Exchange monitors various issues in respect of Listed Public Companies.
The National Company Law Tribunal (NCLT) was expected to take over the role of the High Court (in dealing with company law matters such as sanctioning of schemes of arrangement, ordering winding up of companies, dealing with petitions for oppression and mismanagement and the like), the Company Law Board (CLB) and the Board of Industrial and Financial Reconstruction (BIFR) for speedy disposal of aforesaid matters and avoid multiplicity of litigation before various fora.
The party if it feels that such recording of statement of fact is wrongly recorded it is incumbent on its part to approach the said judge promptly and without any delay or before the same feeds the memory and to invite the attention of the said judge that there is an error.
Shri Salman Khurshid, Minister of Corporate Affairs, said that under the ‘Easy Exit Scheme- 2010’ (EES) defunct companies can get their names struck off the Register of Companies under section 560 of the Companies Act, 1956, by filing an application in the form EES, 2010, with indemnity bond, affidavit verifying correctness of the application and defunctness of the company and up to date statement of accounts. The Minister further informed the House that under ‘Company Law Settlement Scheme- 2010’ on payment of 25% of the actual additional fees payable for filing belated documents delay gets condoned and immunity from prosecution is granted.
The Ministry of Corporate Affairs has said that it is concerned with taking action against the developers in the realty sector which are registered as companies under Companies Act, 1956 for offences/violations of the provisions of the Companies Act, 1956 as and when noticed.
The government is considering to make it mandatory for all companies to disclose a fund flow statement, an indicator of utilisation of financial resources by an entity, along with their annual financial reports. The provisions for mandatory disclosure of fund flow statement is likely to be included in the Companies Bill, which is pending with the Rajya Sabha.
The Minister of Corporate Affairs has informed the Lok Sabha that the number of companies that have not filed their Annual Return consecutively during the last three years – 2006-07, 2007-08 and 2008-09, is 2,13,185. Of these the maximum number of 67,858 companies are from the Western Region; 66,345 companies are from the Southern Region; 63,802 companies from the Northern Region and 15,180 companies are from the Eastern Region. Giving this information in written reply to a question in the Lok Sabha today on the ‘Easy Exit Scheme- 2010’ and the ‘Company Law Settlement Scheme, 2010’,
The Government has said that preliminary information/reports have indicated non-compliance of certain provisions of the Companies Act, 1956 by owners of some Indian Premier League (IPL) cricket teams. Giving this information in written reply to a question in the Rajya Sabha today Shri Salman Khurshid,
It has been observed by the Ministry of Corporate Affairs that a large number of companies are not filing their due documents timely with the Registrar of Companies. Due to this, the records available in the electronic registry are not updated and thereby are not available to the stakeholders for inspection. Further, due to non-filing of the documents on time, companies are burdened with additional fee and facing the prosecutions also.
The procedure prescribed in Company Law Board regulations is not too technical like the provisions of Civil Procedure Code, and the procedure is based on the logic and reason. I did personally feel that even the Company Law Board normally do not rely on technicalities and I personally feel that substance is to be looked into over technicalities by the Company Law Board in a petition under section 397/398 of the Companies Act, 1956.
