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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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.
In this Flash editorial, the author begins by referring the provisions of Insolvency & Bankruptcy Code, 2016. Further author will discuss how a natural person/ business man/ company can apply for demand of due amount from the Creditors (Companies), what are the terms and conditions for such demand, how much time it will take to recovery of money etc.
OBLIGATIONS & DUTIES OF DIRECTORS-There are well established judicial precedents that the directors of companies have fiduciary obligations and also duties to act reasonably, in good faith and in the best interests of the companies where they hold such positions.
The modalities for transfer/ transmittal of shares from companies accounts to the demat account of the IEPF Authority are being finalized with the depositories. IEPF Authority is considering to open special Demat account and till opening of demat accounts, the due date for transfer of shares stands extended. In view of this, a revised due date for transfer/ transmittal of shares shall be notified soon.
The draft Companies (Registered Valuers and Valuation) Rules, 2017 have been placed on the Ministry’s website www.mca.gov.in for suggestions/ comments.
Let’s look into the regulation framework to understand the specific requirements which need to be included in the Management Discussion and Analysis section and various practices adopted in Indian Corporate world, as well as, in other countries.
Nidhi Companies are not allowed to do micro finance business or to provide unsecured loans to its members.Nidhi Companies are allowed to lend/accept funds to/from only to its members, Nidhi can only lend a secured loan to its members
Independent Directors- Who are they, Laws governing them, Position hold, Strength, Qualification, Appointment procedure, Pecuniary benefits, Tenure, Resignation or removal, Data bank, Liability and Special code under Companies Act, 2013”
Important Clarification on Amendment to Paragraph 17 of Revised Guidance Note on Audit of Consolidated Financial Statements issued by ICAI
As per Companies law, only listed companies are required to have a company secretary. The duties which are to be performed by a company secretary are mentioned in an “Employment contract”.