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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Company Law : Understand Section 186 of the Companies Act, 2013, covering company loans, investments, and compliance requirements, including boa...
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Company Law : Govt. of India's recent measures to enhance corporate governance, prevent fraud, and ensure effective CSR practices. Insights on r...
Company Law : Discover how C-PACE accelerates the company exit process from 2 years to under 90 days, streamlining operations and reducing backl...
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Company Law : Delhi High Court held that timelines under Regulation 35A of the CIRP Regulations, 2016 for filing avoidance application are direc...
CA, CS, CMA : Read the full NCLT judgment/order on Union of India Vs CA. Ramaiah Nataraja. Bengaluru CA barred from statutory auditor role for c...
Company Law : Explore the Calcutta High Court's decision in Uphealth Holdings, INC. Vs Dr. Syed Sabahat Azim & Ors. regarding the applicability ...
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Company Law : Easy Funds Finance Pvt Ltd and directors penalized for failing to file Annual Returns and Financial Statements. Total penalties am...
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Company Law : Nalam Mahalir Nidhi Ltd. fined ₹4 lakh for failing to file e-form INC-22. Penalty details and appeal process outlined by Coimbat...
The Ministry of Corporate Affair (MCA) has issued circular Dated: 10th April, 2015 vide Letter No. 1/E/2014/CA/I and same has been notified in official Gazette on 23rd April, 2015. Secretarial standard are applicable on Companies from 1st July, 2015.
About Annual Return- Under section-92 of the companies act, 2013 deals with the annual return of the company. Every company needs to file this with the ROC within 60 days from the date of AGM of the company. Preparation of Annual Return- Every company shall prepare Annual Return in Form No.MGT-7.
As per the provisions of The Companies Act 2013 & Secretarial Standards-I issued by ICSI a company should conduct at least 1 (One) meeting in a quarter i.e. 4 (four) meetings a year (Except One Person Company). Where the company holds only 1 meeting (just complying with the mandatory requirement) in a quarter, the items/proposal which may require urgent approval & implementation would have to wait till next board meeting & this may adversely affect profitability.
Need of Secretarial Standards: Due to following reason, need of Secretarial Standard becomes more inevitable: – Issues where the law is not clear; – Issues where the law is subject to multiple interpretations; – Issues where multiple/divergent practices exist though the law is clear – Secretarial Standards are to integrate, harmonise, standardize and streamline such practices followed by the Company.
For payments of remuneration an understanding of the relevant sections of the Companies Act 2013 is important to identify the relevant conditions to be fulfilled. The computation of net profits of a company in the manner laid out under Section 198 and the eligible limits as stipulated in Schedule V are most critical for determination of remuneration payable.
Revaluation Reserve comes into existence when various fixed assets in the financial statements of the enterprise are stated at their replacement cost and not Historical Cost. When the value of fixed assets in written up in the books of account of a company on revaluation, a corresponding credit is given to the Revaluation Reserve. Such reserve represents the difference between the estimated present market values and the book values of the fixed assets.
The Companies Act 2013 {new Act 2013} for the first time has laid down the duties of directors in unequivocal terms in the section 166 in contrast to erstwhile Companies Act 1956. It is a well established judicial precedent that the Directors have fiduciary obligations and also duties to act reasonably and in the best interests of the companies where they hold such positions. Their duties emanate due to holding positions which may be synonymous to trustees as well as agents of their companies.
SEBI (Prohibition of Insider Trading) Regulations, 2015 & Companies Act, 2013 – Discussion on provision dealt under Regulations and Act 1. Introduction SEBI (Prohibition of Insider Trading) Regulations, 2015 has come into force with effect from 15th May, 2015 after having been gazetted on 15th January,2015. It replaces the Regualtions of 1992 which was amended […]
The drafting and maintenance of minutes of meetings has traditionally and for long been a core function of the Company Secretary. Justifiably so, for, the Company Secretary doesn’t merely writes minutes, he writes history- the history of the company, the history of the corporate sector and, in a vicarious manner, of the economy and the country.
Since we believe in Going Concern Assumption, as we want our business to flourish more & more, but at some point of time due to several reasons one has to close down his business and that stage is known as winding up of a company.