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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The Ministry of Corporate Affairs, further to the notification dated 5th June, 2015, has now provided some more relaxations / modifications to the Private companies, Section 8 companies and Government companies vide its notification dated 13th June, 2017.
Article discusses exemption provided to Private Limited / Government / Section 8 Companies under Companies Act, 2013 vide Notifications dated: 13.06.2017 which are in addition to exemptions provided vide earlier notifications dated 05.06.2015.
Now Private Companies (Start-up only) are not required to provide Cash Flow Statement along with financial statements. For the purposes of this Act, the term ‘start-up’ or “start-up company” means a private company incorporated under Companies Act
In this Flash editorial, the author begins by referring the powers of central government providing fewer than 462 of Companies Act, 2013. the Central Government, in the interest of public, hereby amends the notification of the Government of india, in the Ministry of Corporate Affairs, vide number G.S.R. 464(E) dated the 5th June, 2015 published in the Gazette of India
the issue to be decided in the present case is whether the National Company Law Tribunal is having power to allow the applicants to compound the offence in question, especially when prosecution was already initiated and the same is in advance stage.
In exercise of the powers conferred by clauses (a) and (b) of sub-section (1) of section 462 and in pursuance of sub-section (2) of section 462 of the Companies Act, 2013 (18 of 2013) (hereinafter referred to as the said Act), the Central Government, in the interest of public, hereby amends the notification of the Government of India, in the Ministry of Corporate Affairs, vide number G.S.R. 464(E) dated the 5th June, 2015 published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub- section (i), dated the 5th June 2015
G.S.R. 584(E). – Sub-section (7) of section 186 Provided that nothing contained in this sub-section shall apply to a company in which twenty-six per cent. or more of the paid-up share capital is held by the Central Government or one or more State Governments or both, in respect of loans provided by such company for funding Industrial Research and Development projects in furtherance objects as stated in its memorandum of association
Meaning of Right Share of Issue: Right Issue’ means offering shares to existing members in proportion to their existing shareholding through letter of offer. Section 62 of Companies Act, 2013 contains provisions on further issue of capital, and enacts the principle of pre-emptive rights of shareholders of a company to subscribe to new shares of the company.
Unlike Companies Act, 1956, Companies Act, 2013 has provided a mechanism for revision or reopening of financials statement of a Company, even in a situation where it has already been approved by the company at its AGM or circulated to the members or filed with ROC.
It has been stated that since transfer of shares to IEPF under section 124 (6) of the Companies Act, 2013 read with rules referred to above takes place on account of operation of law hence the procedure followed during transmission of shares may be followed in such cases and duplicate shares need not be issued in such cases.
