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.
Income Tax : Explore the evolving taxation rules on share buybacks from 1999 to 2024, with key changes shifting tax liabilities from companies ...
Company Law : Learn key aspects of drafting corporate resolutions under the Companies Act, 2013, ensuring legal compliance and effective decisio...
Company Law : Learn how to apply for an AGM extension in 2024 under the Companies Act, including application steps, reasons for extension, and p...
Company Law : Explore the dematerialisation of shares under the Companies Act, 2013, a key change enhancing corporate governance, transparency, ...
Company Law : Private companies must dematerialise shares by 30 Sep 2024 under new MCA rules. Penalties for non-compliance include fines and res...
Company Law : Overview of foreign company closures, active subsidiaries, job losses in the auto industry, and investment data from 2014 to 2024....
Company Law : Explore the latest status of the MCA21 e-Governance program, Certified Filing Centres in Haryana, impact on corporate filings, and...
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...
Company Law : Discover the latest data on Goa-based companies struck off and revived, plus insights on related amnesty programs from the Ministr...
Company Law : Supreme Court upholds NCLAT's decision, ruling that appeals filed beyond 90 days are not maintainable under Section 421(3) of the ...
Company Law : NCLAT New Delhi held that prior NOC from stock exchanges under Regulation 37(1)(2) the SEBI (Listing Obligation and Disclosure Req...
Corporate Law : NCLAT clarifies that non-declaration of dividend and director changes cannot be considered acts of oppression and mismanagement in...
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 : Penalty imposed on Cryo Scientific Systems for failure to maintain proper registers under Companies Act 2013. Learn more about the...
Company Law : MCA imposes a penalty of ₹2.5 lakh on Eravanchery Nidhi Limited for not filing Form MGT-14 for board resolutions, as per Section...
Company Law : Penalty of ₹2.5 lakh imposed on Eravanchery Nidhi Limited for non-compliance with Sections 117(3)(g) and 179(3)(c) of the Compan...
Company Law : MCA imposes Rs. 2,00,000 penalty on Mr. Purushothaman for holding directorships in over 10 public limited companies, violating Sec...
Company Law : M/s Abu Estate Pvt Ltd fined for violating Section 134(3)(h) of Companies Act, 2013. Penalty imposed for non-compliance during FY ...
An ordinance to notify IFRS is likely to be promulgated by early next month. Sources tell us that IFRS convergence standards, what will now be called IndAS have been vetted by the ministry of law. Infact the changes which need to be made to the compa
Section 397/398 of the Companies Act, 1956 provides a relief to the minority against the majority if the majority indulges in the oppressive acts and the acts of mismanagement. It is not that every shareholder can avail the remedy available under section 397/398 of Companies Act, 1956 and section 399 specifically deals with the issue as qualification to file a petition under section 397/398 of the Act. Section 399 of the Companies Act, 1956 substantially provides as follows:
The study of various judgments of High Court and Supreme Court under section 397/398 of Companies Act, 1956 speak volumes about the complications in dealing with the cases of ‘oppression and mismanagement’ under section 397/398 of Companies Act, 1956. There were many judgments under section 397/398 explaining the powers of Company Law Board, meaning of ‘oppression’, powers under section 402, the powers of Company Law Board in passing orders under section 402 in order to regulate affairs of the company in future, the responsibility of the board to hear all the necessary parties to the proceeding, the issue of public interest, the issue of dead-lock, the issue of applying the principles of partnership in closely held private companies, the scope of section 399, the issue of granting ‘consent’ by members, the issues of maintainability and the procedure to be followed by the Company Law Board etc.
Every one knows the object of section 397/398 of the Companies Act, 1956 and it is to bring an end to the matters complained of and to regulate the affairs of the Company in future. A great responsibility is cast on the Company Law Board under section 397/398 of the Companies Act, 1956 and it is not only an adjudication of dispute between two shareholding groups, but, it is to find ways as to how to put an end to the matters complained of and as to how to regulate the affairs of the Company.
Any defunct company desirous of getting its name struck off from the Register under Section 560 of the Companies Act, 1956 shall make an application (accompanied by filing fee of Rs. 3000) in Form EES, 2011, electronically on the Ministry of Corpora
Every company (Public or Private) being inoperative since formation or has not carried out any business activities since 1st April 2008 is eligible for winding up under the scheme. The company having following items in the balance sheet will not be eligible under the Scheme.
Shri Pranab Mukherjee, Hon’ble Finance Minister of India, while inaugurating the 42nd Regional Conference of SIRC at Kochi applauded the role of ICAI. He complemented the Institute ‘for its initiatives to work with financial institutions in streamlin
Gujarat High Court rejected a Scheme of Arrangement (Scheme) filed by Vodafone Essar Gujarat Limited (Petitioner or Company) for demerger of its passive infrastructure assets (PIA) into Vodafone Essar Infrastructure Limited (VEIL) on various grounds including evasion of tax being primary motive behind the Scheme and also non conformity with essential elements of Section 391/394 of the Companies Act, 1956 (Companies Act).
Finance Minister Pranab Mukherjee said he’d like companies to voluntarily adopt good governance and corporate social responsibility (CSR) practices, rather than be legally compelled to do so. Pranab Mukherjee Such voluntary contributions should be re
In all these petitions, the constitutional validity of the National Tax Tribunal Act, 2005 (`Act’ for short) is challenged. In TC No.150/2006, additionally there is a challenge to section 46 of the Constitution (Forty- second Amendment) Act, 1976 and Article 323B of Constitution of India. It is contended that section 46 of the Constitution (Forty-second Amendment) Act, is ultra vires the basic structure of the Constitution as it enables proliferation of Tribunal system and makes serious
