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CS M. Kurthalanathan

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Offences for which punishment for fraud prescribed U/s. 447 of Companies Act, 2013

Company Law : Section 447 – Punishment for Fraud: Any person who is found to be guilty of fraud- Imprisonment for a term which shall not be le...

February 25, 2015 39339 Views 2 comments Print

Further Issue of Share Capital U/s. 62 of Companies Act,2013-PART II

Company Law : Section 62 of the Companies Act,2013 deals with the Further Issue of share capital to Employees under Employee Stock Options Schem...

February 12, 2015 38656 Views 0 comment Print

Further Issue of Share Capital U/s. 62 of Companies Act,2013-Part I

Company Law : A company (including Private company) having a share capital can increase its subscribed capital by issue of further shares to per...

February 11, 2015 11601 Views 0 comment Print

Private Placement Under Companies Act and Rules

Company Law : Section 42 of the Companies Act,2013 and Rule 14 of Companies (Prospectus and Allotment of Securities) rules ,2014 deals with Priv...

February 6, 2015 7034 Views 2 comments Print

Financial Statement, Board Report under Companies Act,2013

Company Law : Section 134 of the Companies Act,2013 and Rule 8 & 9 of the Companies (Accounts) Rules,2014 deals with the Financial Statement and...

February 3, 2015 50024 Views 0 comment Print


Types of Companies under Companies Act, 2013

May 28, 2014 79010 Views 3 comments Print

There are totally 15 types of companies can be formed under the Companies Act, 2013. 1. Public Company limited by shares 2. Public Company limited by Guarantee having share capital 3. Public Company limited by Guarantee and having no share capital 4. Public unlimited Company having share capital

e-forms for Formation/Incorporation of Private Limited Company

May 11, 2014 35816 Views 0 comment Print

CS M. Kurthalanathan Filing of e-forms with ROC for formation/Incorporation of Private Company SN e-form Description Details required Attachment(s) to e-form     1 Form DIR-3 Application for allotment of Director Identification Number  Photograph (latest Passport Size in JPG format) Identity Proof Indian Nationals Foreign Nationals PAN Card Passport  Residence Proof v  Ration card, v  Driving […]

Memorandum & Articles of Association under Companies Act,2013

May 3, 2014 366230 Views 4 comments Print

Memorandum of association is the charter of the company and defines the scope of its activities. An article of association of the company is a document which regulates the internal management of the company.

Clause 49 Vs Companies Act, 2013

April 30, 2014 11998 Views 0 comment Print

CS M. Kurthalanathan Introduction: To make the listed companies more transparent and to align the provisions related to listing agreement with the Companies Act 2013 ,Capital Markets Regulator, SEBI has amended Clause 49 of Listing Agreement The said amendments will be effective from 1st October 2014. S.No Particulars Clause 49 CA2013 & Rules,2014 1 Partition […]

e-voting under Companies Act, 2013 & Rules,2014

April 16, 2014 149166 Views 8 comments Print

On the whole electronic voting replaces the Postal ballot process and saves time and cost of the company .It also helps the shareholders to cast their vote from anywhere and at anytime. In the e-voting process, role of scrutinizer will go under paradigm shift as there will be no physical collecting and counting of ballot papers, verification of signatures and rejection of invalid votes, if any

Register of Members Under Companies Act, 2013 and Rules 2014

April 15, 2014 163919 Views 3 comments Print

Both the Companies Act, 1956 Act and Companies Act, 2013 requires companies to maintain register and index of members, register and index of debenture holders, but the 2013 Act requires company to maintain register and index of other securities also.

Nomination & Remuneration Committee and Stakeholders Relationship Committee u/s. 178 of Companies Act,2013

April 11, 2014 200437 Views 0 comment Print

The Companies Act, 2013 and corresponding rule, Companies (Meetings of Board and its Powers) Rules, 2014 has mandated the constitution of Nomination and Remuneration Committee and Stakeholders Relationship committee for certain classes of Companies, which was already recommendatory under clause49 of the Listing agreement.

Whistle-Blowing/ Vigil Mechanism Under Companies Act, 2013

April 11, 2014 143893 Views 1 comment Print

Companies which are required to constitute an audit committee shall operate the vigil mechanism through the audit committee and if any of the members of the committee have a conflict of interest in a given case, they should recuse themselves and the others on the committee would deal with the matter on hand.

Schedules Under Companies Act, 2013- An analysis

April 10, 2014 92196 Views 6 comments Print

The Companies Act,2013 has retained only 4 of 16 schedules of the Companies Act,1956 with changes and introduces 3 new schedules to cover new concepts of Independent Directors, CSR and Infrastructural Projects.

Debentures under Companies Act, 2013 & Rules 2014

April 10, 2014 152725 Views 20 comments Print

An issue of secured debentures may be made, provided the date of its redemption shall not exceed 10 years from the date of issue. If a company engaged in the setting up of infrastructure projects may issue secured debentures for a period exceeding 10 years but not exceeding 30 years

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