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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We wish to draw your kind attention to the genuine difficulties arising out of the restriction on number of audit, which can be conducted by an auditor under section 141(3)(g) of the Companies Act, 2013.
Companies Act, 2013 is out. Companies have to fulfill the requirements stated therein. Few provisions have already been published which can be found at: Immediate Compliance for Companies under Companies Act, 2013 – PART 1 Some more provisions are stated hereunder: 1. Appointment of Company Secretary: Now, only a Public Limited Company whose paid up […]
The first thing to take care of under the new Companies Act, 2013 is to follow a changed procedure for giving birth to a Company. This article speaks of only Public and Private Limited Companies and does not cover One Person Companies. The brief procedure to be adopted for incorporating a Company would be :
On the whole electronic voting replaces the Postal ballot process and saves time and cost of the company .It also helps the shareholders to cast their vote from anywhere and at anytime. In the e-voting process, role of scrutinizer will go under paradigm shift as there will be no physical collecting and counting of ballot papers, verification of signatures and rejection of invalid votes, if any
As defined in Section 2 (62) of the Companies Bill, 2013, One Person Company means a company which has only one person as a member.
Secretarial Audit is a process to check compliance with the provisions of various laws and rules/regulations/procedures, maintenance of books, records etc., by an independent professional to ensure that the company has complied with the legal and procedural requirements and also followed due processes.
Both the Companies Act, 1956 Act and Companies Act, 2013 requires companies to maintain register and index of members, register and index of debenture holders, but the 2013 Act requires company to maintain register and index of other securities also.
Buy-Back of Securities (Unlisted Public Co. and Private Co.) as per Companies Act, 2013 Buy Back of Securities is a very important tool for Companies who wants to reduce their Share Capital. First of all, here are few preliminary notes of Buy Back: Governing Sections of Companies Act: 68 69 70 Specified Security: includes ESOP […]
The Companies Act, 2013 and corresponding rule, Companies (Meetings of Board and its Powers) Rules, 2014 has mandated the constitution of Nomination and Remuneration Committee and Stakeholders Relationship committee for certain classes of Companies, which was already recommendatory under clause49 of the Listing agreement.
The Ministry of Corporate Affairs (MCA) has notified vide Section 149 (3) which effective April 1, 2014, every company must have at least one resident director. Resident Director: Resident Director As per Section 149 (3) is the one who has stayed in India for a total period of 182 days in the previous calendar year.