Company Law : The scheme provides a last opportunity for defaulting companies to file pending returns and financial statements with reduced pena...
Company Law : This guide explains the mandatory conditions, documentation, and procedural steps for converting a partnership into a company. It ...
Company Law : The case examined whether extending redemption timelines amounts to reissuance. The Tribunal held that extensions within statutory...
Company Law : MCA has confirmed that extension of annual filing timelines till 31st December 2025 does not extend statutory deadline for holding...
Company Law : A guide to issuing bonus shares for private companies under the Companies Act, 2013, covering legal frameworks, procedural steps, ...
Company Law : The initiative addresses inefficiencies in the current filing system and proposes consolidation and automation. It highlights a sh...
Company Law : NFRA found major deficiencies in audit documentation and archival practices. The report highlights the need for stronger controls ...
Company Law : The inspection report highlights deficiencies in audit documentation, independence monitoring and compliance with auditing standar...
Company Law : The regulator found that the audit firm lacked an effective monitoring mechanism to ensure firmwide independence policies were pro...
Company Law : NFRAs inspection found gaps in audit documentation, revenue testing, and risk assessment practices, stressing the need for stronge...
Company Law : Penalty imposed on Sh. Laxit Awla under Section 165 of Companies Act, 2013, for exceeding directorship limits. Details on violatio...
Corporate Law : That the period of lockdown ordered by the Central Government and the State Governments including the period as may be extended ei...
Company Law : ROC Pune penalized a company and its directors for delayed filing of Form PAS-3 under Section 42(8) of the Companies Act, 2013. Th...
Company Law : ROC Pune penalized a company and its directors for delayed filing of Form MGT-14 under Section 117 of the Companies Act, 2013. The...
Company Law : ROC Pune held that procedural lapses in a private placement issue related to one integrated transaction and did not warrant multip...
Company Law : ROC Pune penalized a company and its directors for failure to file commencement of business declaration within the prescribed peri...
Company Law : ROC Mumbai imposed penalty for possessing duplicate Director Identification Numbers in violation of Section 155. The ruling highli...
MCA has replaced the Postal Ballot rules by incorporating the green initiatives in the Postal Ballot mechanism. Sending of Notice and voting by shareholder through electronic mode has been recognized. However, there is no option to the Company to adopt both, manual as well as electronic mechanism. (Notification [GSR 419(E)] dated 30 May 2011)
With effect form 29.05.2011, in the following cases challan mode for payment is allowed for amount less than Rs. 50,000/-. a. Payment to ‘Investor Education and protection Fund’ through `Pay Misc. Fee’ functionality b. Any payment made by user having category as ‘Official liquidator office
S.O. In the notification of the Government of India in the Ministry of Corporate Affairs vide GSR No.482 jEj, dated the 4th March, 2011, published at page 2 of the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), dated the 4th March, 2011, namely:- in line 5, for has assets read has either assets. in line 6, for Rs. 250 crore or read Rs.250 crore in India or” . in line 7, for Rs.750 crore from” read Rs.750 crore in India from
1, (1) These rules may be called the Companies (Central Government’s) General Rules and Forms ( Amendment ) Rules 2011. (2) They shall come into force with effect from 29th May, 2011. 2. In the Companies (Central Government’s) General Rules and Forms, 1956, in Annexure ‘A’ for Form 23D the following Form shall be substituted , namely
In exercise of the powers conferred by sub-section (1) of section 642 read with section 610B of the Companies Act, 1956 (1 of 1956), the Central Government hereby makes the following rules further to amend the Companies (Central Government’s) General Rules and Forms, 1956, namely : – 1. (1) These rules may be called the Companies (Central Government’s) General Rules and Forms ( Amendment ) Rules 2011.(2) They shall come into force with effect from 29th May, 2011.
In exercise of the powers conferred by sub Section (1-A) of Section 81 of the Companies Act 1956 read with Section 642 of the said Act, the Central Government hereby makes the following rules in supersession of unlisted Public companies (Preferential Allotment) Rules, 2003. 1. Short Title and Commencement -(i) These rules may be called Unlisted Public Companies (Preferential Allotment and Private Placement) Rules 2011 (ii) They shall come into force on the date of their publication on official Gazette.
After removing requirement of approaching Central Government for Managerial Remuneration by Public Companies which are not subsidiaries of Listed Company, MCA has further simplified the requirements of Schedule XIII. MCA has allowed the subsidiaries of Listed Companies to fix managerial remuneration subject to following conditions and has dispensed with requirements of Central Government approval: The Remuneration Committee and Board of Directors of Holding Company approve the remuneration and the said remuneration is considered as remuneration paid under Section 198 by the Holding Company;
General Circular No. 30A/2011 Under section 226 (3) (a) of the Companies Act, 1956 (Act) a ‘body corporate’ is disqualified from being appointed as an auditor of a company, which means that LLP of Chartered Accountants is thereby disqualified from being appointed as auditors. To remove this anomaly, MCA has issued Notification No. S.O.1152(E) dated 23 May 2011 along with Circular No. 30A dated 26 May 2011 wherein LLP has not been recognized as ‘Body Corporate’ for the purpose of appointment as ‘Auditor’ under Section 226 of the Act. Accordingly, an LLP of Chartered Accountants will be eligible to be appointed as auditor of a company.
Central Government specifies LLP as a body corporate for the limited purpose of section 226 (3) (a) which deals with appointment of auditors vide notification dated 23.05.2011.The notification given clarifies that LLP will not be treated as body corporate for the purpose of f section 226(3)(a) of the Companies Act 1956 which is related to appointment of statutory auditor and put restriction on appointment of body Corporate as statutory auditor. The circular paves the way for appointment of LLP as statutory auditor of the company. It is to be noted that MCA has already allowed the CA/CS/CWA to practice under LLP in partnership with other fellow members of same institute and in case of CS, also with members of such recognized profession as may be prescribed.
Circular 30/2011 Sections 108A to 1081 of the Companies Act, 1956 were inserted in the Companies Act, 1956 through Monopolies and Restrictive Trade Practices (Amendment) Act, 1991. Section 108G (applicability of sections 108A to 108F) and Section 108H (construction of certain expressions used in sections 108A to 108G) of Companies Act, 1956 refer to applicability of provisions of sections 108A to 108F in reference to various requirements under the MRTP Act, 1969.
