Divesh Goyal

Annual Filing of ROC Returns – 10 Things you must know

Company Law - CRITICALITIES – Annual Filing F.Y. Ended 31.03.2019 In an attempt to discuss the Criticalities in preparation of Annual Documents and filing of Annual Forms for the F.Y. ended 31.03.2019. Like: MGT-9 required preparing or not? In this editorial we will discuss the 10 most discussed FAQ’s on Annual Filing. As per provisions of Section ...

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POSH ACT – Sexual Harassment of Women at Workplace

Company Law - In an attempt to enable a safe working environment for women, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act and the Rules (collectively known as POSH Laws) have been enacted and passed by the Ministry of Women and Child Welfare, in the year 2013. These laws are applicable upon every workplace, [&h...

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IEPF Compliance Calendar for Company

Company Law - Compliance Calendar for Company under Investor Education and Protection Fund (IEPF) rules read with Companies Act, 2013 related to Form IEPF-1, Form IEPF-1A, Form IEPF-2, Form IEPF-3, Form IEPF-4 and Form IEPF-5 S. No. Form No. Rule No. Particular of Form Time period of fling 1.      IEPF-3 Rule 6 Details of shares and unpaid [&hellip...

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Conversion of Partnership firm into Company

Company Law - Ministry of Corporate Affairs allowed conversion of Partnership Firm into Company under Companies Act, 2013, for such conversion there is need to prepare a list of documents and required to file the same with ROC in forms like URC-1, INC-32, INC-33 and INC-34 etc. While conversion there is need to consider the implications of income Tax p...

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IEPF-1A and Nodal Officer

Company Law - IEPF-1A & Nodal Officer Statement of amounts credited to Investor Education and Protection Fund The companies which have transferred any amount referred to in clauses (a) to (d) of sub-section (2) of section 205C of the Companies Act, 1956 (1 of 1956) to Investor Education and Protection Fund or Central Government, but have not filed ...

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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"

Annual Filing of ROC Returns – 10 Things you must know

CRITICALITIES – Annual Filing F.Y. Ended 31.03.2019 In an attempt to discuss the Criticalities in preparation of Annual Documents and filing of Annual Forms for the F.Y. ended 31.03.2019. Like: MGT-9 required preparing or not? In this editorial we will discuss the 10 most discussed FAQ’s on Annual Filing. As per provisions of Section ...

Read More
Posted Under: Company Law |

POSH ACT – Sexual Harassment of Women at Workplace

In an attempt to enable a safe working environment for women, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act and the Rules (collectively known as POSH Laws) have been enacted and passed by the Ministry of Women and Child Welfare, in the year 2013. These laws are applicable upon every workplace, [&h...

Read More
Posted Under: Company Law |

IEPF Compliance Calendar for Company

Compliance Calendar for Company under Investor Education and Protection Fund (IEPF) rules read with Companies Act, 2013 related to Form IEPF-1, Form IEPF-1A, Form IEPF-2, Form IEPF-3, Form IEPF-4 and Form IEPF-5 S. No. Form No. Rule No. Particular of Form Time period of fling 1.      IEPF-3 Rule 6 Details of shares and unpaid [&hellip...

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Posted Under: Company Law |

Conversion of Partnership firm into Company

Ministry of Corporate Affairs allowed conversion of Partnership Firm into Company under Companies Act, 2013, for such conversion there is need to prepare a list of documents and required to file the same with ROC in forms like URC-1, INC-32, INC-33 and INC-34 etc. While conversion there is need to consider the implications of income Tax p...

Read More
Posted Under: Company Law |

IEPF-1A and Nodal Officer

IEPF-1A & Nodal Officer Statement of amounts credited to Investor Education and Protection Fund The companies which have transferred any amount referred to in clauses (a) to (d) of sub-section (2) of section 205C of the Companies Act, 1956 (1 of 1956) to Investor Education and Protection Fund or Central Government, but have not filed ...

Read More
Posted Under: Company Law |

Process of Incorporation of Private Limited Company

Moving from the Companies Act 1956 to the Companies Act 2013 is like shifting from your old house to a new one. All the provisions become changed with new Act, 2013. Due to new act many amendments were introduce by Central Government from time to time by Notification, Amendments etc....

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Posted Under: Company Law |

Process for Incorporation of Foreign Subsidiary / Wholly Owned Subsidiary

In this Editorial the author shall deliberate the Provisions of Companies Act, 2013 in respect of Incorporation of Subsidiary of a Company Incorporated Outside India or Wholly Owned Subsidiary (WOS) of a Company incorporated outside India....

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Posted Under: Company Law |

Applicability of Companies Act, 2013 based on Limits

Applicability of Provision under Companies Act, 2013 Based On Limit related to XBRL, CARO, Cash Flow Statement, Internal Auditor, Certification of Annual Return by a Company Secretary in practice,  Signing of Annual Return by a Company , Secretarial Audit, Independent Director, Managing Director/ Whole Time Director, Key Managerial Perso...

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List of Resolution for which MGT-14 requires to be filed

Form MGT-14 requires filing for following below mention Resolutions 1. Section- 8: For a company registered under Section- 8 to convert itself into a company of any other kind or alteration of its Memorandum or Articles...

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Whether MGT-9 required to be attached with Directors Report?

Author discusses following questions related to Directors Report: I. Whether Companies need to attach MGT-9 with Directors Report for F.Y. ending 31.03.2019? II. Whether Companies are required to publish Annual Return on its Website? III. Practically annual Return prepare after AGM and Directors’ Report prepare before AGM. Therefore, Ho...

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Posted Under: Company Law |

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