Divesh Goyal

20 FAQs on Independent Directors under Companies Act, 2013

CA, CS, CMA - Q.1 Whether Practicing Company Secretary gets appointment as Independent Director? Ans. Independent Director is Non-executive Director and a Practicing Company Secretary can be appointing as Independent Director. Q.2 Whether Company Secretary in employment gets appointment as Independent Director in another Company? Ans. Independent Direc...

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How to Change Company Status from Active Non Compliant to Active

CA, CS, CMA - It’s a common question amongst many professionals, mentioned below with hypothetical situation: If a company fails to file Active form, status of form changed as Active Non Complaint. -Out of 3 Directors 2 has not filed their DIR-3 KYC. -Due to non filing of DIR-3 KYC their DIN are deactivated. -Due to deactivation of DIN, […]...

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Annual Compliance Calendar – Companies Act, 2013- Listed Company

CA, CS, CMA - After commencement of Companies Act, 2013 from 01st April 2014 Compliance requirement of Companies has been increased Like: MSME-1, BEN-2, Dematerialization of Shares, DPT-3 etc. Even no exemptions are granted to Public Limited Companies under Companies Act, 2013....

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ICSI Guidelines on Advertisement by Company Secretary- Analysis

CA, CS, CMA - Institute of Company Secretaries of India has revised Guidelines for Advertisement by Company Secretary. These guidelines includes details of permitted and restricted advertisements. Guidelines for Websites of Professionals. *Most Imp: The Company Secretary or a firm of Company Secretaries shall not list his/her service(s) on any aggregat...

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Nidhi Company- 14 FAQs- What you should Know

CA, CS, CMA - Q.1 What should be objects of Nidhi Company? Ans. Nidhi with the object of cultivating the habit of thrift and savings amongst its members, receiving deposits from, and lending to, its members. The primary object of Nidhi is to carry on the business of accepting deposits and lending money to member. Q.2 Whether Loan can […]...

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“Liability of Director after Strike off’ and ‘Wound up of Company after Strike off”

Real Time Interactive Media (P.) Ltd V/s Metro Mumbai Infradeveloper (P.) Ltd (Bombay High Court) - In this flash editorial author discusses the provisions of liability of directors after strike off of Company or winding up of Company by tribunal after Struck off in the record of Registrar of Companies....

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Time to file Appeal in NCLAT against Order of Adjudicating Authority

Amod Amladi V/s. Mrs. Sayali Rane & Anr. (NCLAT Delhi) - Article discusses Time Period for Filing of Appeal in National Company Law Appellate Tribunal (NCLAT) against the order of adjudicating authority in the light of Section 62(2) of Insolvency and Bankruptcy Code, 2016 and NCLAT Judgments in the case of Steam Amod Amladi V/s. Mrs. Sayali Rane & Anr and...

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Perusal of Pending Proceeding before HC after declaration of Moratorium in IBC, 2016

Steamline Industries Ltd Vs. Tecpro Systems Ltd (NCLAT Delhi) - In this editorial author discusses Judgment National Company Law Appellate Tribunal (NCLAT) in the case of Steamline Industries Ltd Vs. Tecpro Systems Ltd with reference to Section 14(1)(a) and 238 of the nsolvency and Bankruptcy Code, 2016 (IBC, 2016) on the issue Whether Pending Proceeding before...

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Whether POA Holder Can File Application Under IBC, 2016

Shriram EPC Limited Vs. Rio Glass Solar SA (NCLAT Delhi) - The 'I&B Code' is a complete Code by itself. The provision of the Power of Attorney Act, 1882 cannot override the specific provision of a statute which requires that a particular act should be done by a person in the manner as prescribed thereunder. Therefore, we hold that a 'Power of Attorney Hold...

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Whether dispute raised by OC is bar for acceptance of petition under IBC

Anil Steels V. A.D. Electro Steel Co. (P.) Ltd (NCLT Kolkata Bench) - Whether Corporate Debtor can bar the NCLT to accept the petition of Operational Creditor by raising a dispute on the Demand Notice...

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Recent Posts in "Divesh Goyal"

20 FAQs on Independent Directors under Companies Act, 2013

Q.1 Whether Practicing Company Secretary gets appointment as Independent Director? Ans. Independent Director is Non-executive Director and a Practicing Company Secretary can be appointing as Independent Director. Q.2 Whether Company Secretary in employment gets appointment as Independent Director in another Company? Ans. Independent Direc...

Read More
Posted Under: Corporate Law |

How to Change Company Status from Active Non Compliant to Active

It’s a common question amongst many professionals, mentioned below with hypothetical situation: If a company fails to file Active form, status of form changed as Active Non Complaint. -Out of 3 Directors 2 has not filed their DIR-3 KYC. -Due to non filing of DIR-3 KYC their DIN are deactivated. -Due to deactivation of DIN, […]...

Read More
Posted Under: Corporate Law |

Annual Compliance Calendar – Companies Act, 2013- Listed Company

After commencement of Companies Act, 2013 from 01st April 2014 Compliance requirement of Companies has been increased Like: MSME-1, BEN-2, Dematerialization of Shares, DPT-3 etc. Even no exemptions are granted to Public Limited Companies under Companies Act, 2013....

Read More
Posted Under: Corporate Law |

ICSI Guidelines on Advertisement by Company Secretary- Analysis

Institute of Company Secretaries of India has revised Guidelines for Advertisement by Company Secretary. These guidelines includes details of permitted and restricted advertisements. Guidelines for Websites of Professionals. *Most Imp: The Company Secretary or a firm of Company Secretaries shall not list his/her service(s) on any aggregat...

Read More
Posted Under: Corporate Law |

Nidhi Company- 14 FAQs- What you should Know

Q.1 What should be objects of Nidhi Company? Ans. Nidhi with the object of cultivating the habit of thrift and savings amongst its members, receiving deposits from, and lending to, its members. The primary object of Nidhi is to carry on the business of accepting deposits and lending money to member. Q.2 Whether Loan can […]...

Read More
Posted Under: Corporate Law |

Procedure For Transfer Of Shares

Free transferability of share is one essential condition for Company form of business, subject to some restrictions under private companies. New Act, deals with substantially. Statutory provisions related to transfer of share one should refer the following sources: Section 56 of Companies Act, 2013 Rule 11 of Companies (Share Capital &...

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Posted Under: Corporate Law |

Provisions- Resignation of Auditor from Listed Companies

SHORT SUMMARY: In this editorial author shall discuss the provisions of Resignation of Auditor under Companies Act, 2013 read with SEBI Guidelines. SEBI on October 18th, 2019 issued circular relating to Resignation of Auditor from Listed Companies and their Subsidiaries. These guidelines are stating compliance required to be done by Resig...

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Posted Under: Corporate Law |

Whether documents marked as SD/- can be uploaded with ROC Forms

Many persons ask questions in relation to uploading of forms with unsigned attachments like – (a) whether it is mandatory to attach only signed documents? (b) Whether document as SD/- can be uploading with roc e-forms? In this editorial author shall discuss provisions under companies Act Relating to Filing of Applications, Documents, In...

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Posted Under: Corporate Law |

Process of Cancellation of SRN which is already been approved by ROC

It’s a common question amongst many professionals now-a-days that If a form is approved by ROC under STP mode, whether SRN can be Cancelled for such form and Whether AOC-4/MGT-7/ any other form filed by Company can be cancelled and revised? In this editorial author shall discuss provisions under companies Act relating to correcting the ...

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Posted Under: Corporate Law |

Acceptance of Loan before filing of Form No. INC-20A Allowed or not?

MCA has come with New Section 10A inserted after Section 10 by Companies (Amendment) Ordinance, 2018 dated 02.11.2018 and same has been inserted in Companies (Amendment) Act, 2019 Extract of law: As per section 10A, a company having SHARE CAPITAL incorporated after ordinance i.e. after 02.11.2018 shall not commence its business or exercis...

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Posted Under: Corporate Law |

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