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 : Understand Section 186 of the Companies Act, 2013, covering company loans, investments, and compliance requirements, including boa...
Company Law : Key compliance duties for company directors under the Companies Act, 2013, including disclosures, declarations, KYC, and meeting a...
Company Law : Learn the process and benefits of converting a Limited Liability Partnership (LLP) into a Private/Public Company under the Compani...
Company Law : Learn about the rights issue of shares under Companies Act 2013. Explore the process, key points, and steps for issuing shares to ...
CA, CS, CMA : Highlights from August 5-11, 2024: Income Tax exemptions, GST updates, SEBI guidelines, and RBI monetary policy changes....
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...
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 ...
Company Law : Explore the implications of issuing duplicate debenture certificates under the Companies Act, 2013. Learn about legal remedies, as...
Company Law : Read the NCLT judgment approving the demerger scheme between Raymond Limited and Raymond Lifestyle Limited. Detailed analysis and ...
Company Law : Full text of the NCLT Mumbai judgment in Ajay Tajpuriya vs Goel Ganga Infrastructure case. Detailed analysis of the order concerni...
Company Law : RGPL Commodities Pvt Ltd faces penalties under Section 89(6) of the Companies Act, 2013 for delayed filing of e-Form MGT-6. Total ...
Company Law : GM Elektra Pvt Ltd fined ₹1,88,500 by ROC Mumbai for delayed filing of BEN-2 under Section 90 of the Companies Act, 2013. Direct...
Company Law : Registrar of Companies penalizes Paramount Dye Tec Limited for not disclosing trading activity in its MOA, violating Section 4(1)(...
Company Law : Penalty imposed on Singodwala Warehousing for non-compliance with Section 62(3) of Companies Act. Fine details and appeal process ...
Company Law : MBL Infrastructure Ltd. faces scrutiny under Section 90 of the Companies Act for non-compliance. Details on adjudicating officer's...
To prevent misuse of class action suits, the new Companies Act may specify a minimum number of shareholders or creditors of companies for exercising the right to file such cases, the Corporate Affairs Minister, Mr Salman Khurshid, has said. This is a major change from the current position on class action suits as mentioned in the Companies Bill, 2009, which is now before the Parliamentary Standing Committee on Finance.
We all know about the dispute resolution mechanism under the provisions of Companies Act, 1956. Till 2002 amendments to the Companies Act, 1956, significantly, the dispute resolution mechanism was vested with the Company Court and the Company Law Board. Company Court is nothing but High Court having jurisdiction to entertain certain company matters like winding-up and amalgamation petitions etc.
Through the Notification No. G.S.R.6(E) dated 6th January, 2010, the Central Government in exercise of powers conferred by sub-section (1) of section 67 of Limited Liability Partnership Act 2008 (6 of 2009), made applicable the provisions of sections 441, 443, 445, 446, 448, 450, 451, 453, 454, 455, 456, 457, 458, 458A, 460, 463, 464, 465, 466, 467, 468, 471, 474, 476, 477, 478, 479, 481, 482, 483, 484, 486, 487, 488, 494, 497, 511, 511A, 512, 514, 515, 517, 518, 519, 528, 529, 529A, 530, 531, 531A, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 558, 559, 560 and 584 of the Companies Act, 1956 to a limited liability partnership, except where the context otherwise requires, with certain modifications.
Section 26. There may be in the case of public company limited by shares and there shall in the case of an unlimited company or a company limited by guarantee or a private company limited by shares, be registered with the memorandum, articles of association signed by the subscribers of the memorandum, prescribing regulations for the Company.
The government plans to introduce a bill to amend the Companies Act in the budget session of parliament to enable convergence of Indian accounting standards with the International Financial Reporting Standards (IFRS). “The ministry will carry out the exercise for necessary amendments in the Companies Act in the forthcoming budget session of parliament,” said a statement from the corporate affairs ministry.
Yes, it is also true that just because an opposite party has not appeared in the matter, a suit or a petition need not be allowed where there is no merit in the case. But, to be frank, there exist a prima facie case for the Petitioner in the above case. The Petitioner alleges a due, sent a notice, the notice has not been replied and the Petitioner approaches the Court for winding-up of the Company. The result of the judgment makes it clear that the Court will never favour winding-up of a Company or trouble the Company, unless there exist a strong case or there exist no option except to wind-up the Company if it is a winding-up Petition.
One of the unkindest cuts is that the auditor of a company, necessarily a CA, shall not render such services as accounting and book-keeping, internal audit, design and implementation of any financial information system, actuarial, investment advisory, investment banking, rendering of outsourced financial services, and management services.
Various kind of meetings are conducted in a Company as required under the provisions of Companies Act, 1956 and other corporate regulations, and it is also not a difficult issue to deal with the various kinds of meetings too. A new Company may have to conduct a statutory meeting and every company may have conduct Board Meetings, Annual General Body Meeting and Extraordinary General Body Meeting. Besides these meetings as specifically referred to in the Companies Act, 1956, a Company may have to conduct meetings upon the orders of Company Law Board and the Company Court at times.
an effective enforcement of provisions like 397/398 of the Act and the protection of rights of all shareholders without any scope for misuse or abuse is very important for the growth of industry or the corporate world. It is true that we have good regulations regulating the functioning of listed public companies, but, a good focus also to be made on the regulations governing private limited companies and especially the rights of shareholders in a private limited companies and unlisted public companies.
Company Law is very complicated and interesting subject. If we look at all the corporate regulations or law, it is very clear that it focuses mainly on the interests of the shareholders. The liability of the members is limited in limited companies and as such the shareholders will be clueless often when their investment in the Company is not properly managed.
