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...
A brief about Arbitration Mechanism: In order to reduce the delay in courts in the process of traditional adjudication mechanism, the Alternative Disposal Mechanism (ADR) was mooted. The dispute resolution through Conciliation, Arbitration and Mediation etc., is regarded as alternative mechanism to resolve the disputes between or among the parties in a defined legal relationship.
With the experience of looking at the litigation before the Company Law Board and the Company Court, with the privilege of looking at various judgments under the provisions of Companies Act, 1956 while writing a commentary on Company Law and with what I have heard from few shareholders when they have grievance against the Company or the majority, I would like to express my views on the dispute resolution mechanism under the provisions of Companies Act, 1956.
Section 397 and 398 of the Companies Act, 1956 deals with “oppression” and “mismanagement” by the majority in a Company against the Minority Shareholders. How to construe “minority” for the purpose of section 397/398 is dealtwith under section 399 which prescribes qualification to approach the Company Law Board under section 397/398 of the Act. What amounts to “oppression” and is oppression completely different from “mismanagement” as dealwith under section 398; is another interesting issue to look into.
S. 115JB(1) of the Income-tax Act, 1961 (Act in short) provides for payment of a minimum alternate tax in case the Income-tax computed on the total income falls short of 10% of the book profits of the company. For ensuring that companies do not adopt accounting practices to render the provision otiose, Ss.(2) requires the profit and loss account of companies to be prepared as per Parts II and III of Schedule VI to the Companies Act, 1956. Proviso to this sub-section further ensures that the accounting policies, accounting standards and the method and rates of depreciation adopted for the purposes of S. 210 of the Companies Act, are not varied while computing ‘book profit’ u/s.115JB.
Multinational corporations have been carrying on business in India through private limited companies (‘Indian Companies’) set up by them under the Companies Act, 1956 (‘the Act’). Often, such private limited companies are not subsidiaries of the principal holding company (which has public shareholding), but are step-down subsidiaries of subsidiary companies of such principal holding companies.
A man is known by the company he keeps. But with the implementation of the Companies Bill 2009, a single person will constitute a Company, under the One Person Company (OPC) concept.As a structure for professionals, individual entrepreneurs, SMES and NGOs – the proposed Section 171 extends to Section 25 Companies as well – this is a godsend, as it insulates the shareholders personal assets from liability. But one wonders whether this Bill is the right platform or the timing is opportune. There have been too many writings on the Bill and its various dimensions. It is a critical piece of reform, which will be resisted and opposed by many.
The Limited Liability Partnership Act, 2008 (‘the LLP Act’) was brought into force with effect from 31st March 2009 to permit formation of Limited Liability Partnerships (‘LLPs’) in India. The main focus of the LLP Act is to permit a partnership structure and at the same time, limit the liability of partners which was heretofore unlimited under the provisions of the Indian Partnership Act, 1932 (‘the Partnership Act’). This article discusses briefly the limitation of liability of partners under the LLP Act as compared to the limitation of liability of a shareholder of a limited company formed and registered under the Companies Act, 1956 (‘the Companies Act’) and the manner in which such liabilities are limited under the LLP Act.
Reports have been published in a section of media indicating Shri R.Vasudevan as “Acting Chairman, Company Law Board” or “Company Law Board Chief”. This is factually incorrect as he was never the Acting Chairman of the Company Law Board at any point of time after superannuation of Shri S.Balasubramanian, Chairman, Company Law Board on 2.11.2009. In fact, Shri R.Vasudevan happened to be the junior most Member of the Company Law Board, who joined the Board only on 5.8.2009.
During the last one week’s investigation into the bribery case against Company Law Board (CLB) member R Vasudevan, the Central Bureau of Investigation (CBI) has purportedly found that Vasudevan had made enough ill-gotten money. In fresh raids, the agency has recovered cash, FDRs and jewellery worth nearly Rs 1 crore from his residence.
Investigation under Section 235:-Investigation is the act of determining whether criminal matters such as employee theft, securities fraud (including falsification of financial statements), identity theft, and insurance fraud have occurred.
