Divesh Goyal

Companies Amendment Act, 2017- Analysis

Company Law - OBJECTS OF COMPANIES AMENDMENT ACT, 2017 √ Simplification of Compliances and doing away with unnecessary procedures. √  Lesser regulatory interference and greater self-regulation √  Clarity in the provisions of the Act. √  Encouragement for Startups √  Strengthen Corporate Governance Standard √  Strict Action against defa...

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Draft Format of Director’s Report: Other than OPC & Small Company

Company Law - Below mentioned directors report shall not applicable on opc and small company. Draft format of opc and small company has been published on link: http://www.csdiveshgoyal.info/2018/08/draft-format-directors-report-one.html...

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Companies Amendment Act, 2017 impact on Annual Filing of F.Y. ended 31.03.2018

Company Law - MCA vide notified approximately 84 sections of Companies Amendment Act, 2017 out of 93 sections. Link for list of notified section available on below mentioned link: http://www.csdiveshgoyal.info/2018/08/notification-84-sections-of-companies.html...

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Incorporation of Limited Liability Partnership (LLP)

Company Law - Revised Process for Incorporation of limited liability partnership (LLP) after considering Limited Liability Partnership (Second Amendment) Rules, 2018 as applicable from the 2nd October, 2018. In this Editorial the author shall deliberate the Provisions of LLP Act, 2008 as on 02nd  October, 2018 in respect of Incorporation of Limited ...

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Managerial remuneration (MD, WTD, Directors) with FAQs

Company Law - Articles explains amended Provisions related to Managerial remuneration of Managing Director (MD),  Whole Time Director (WTD) and Directors under Companies ACt, 2013 as amended by Companies (appointment and remuneration of managerial personnel) Amendment Rules 2018, Amended Schedule V of Companies Act, 2013 and amended section 196, 197,...

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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"

Companies Amendment Act, 2017- Analysis

OBJECTS OF COMPANIES AMENDMENT ACT, 2017 √ Simplification of Compliances and doing away with unnecessary procedures. √  Lesser regulatory interference and greater self-regulation √  Clarity in the provisions of the Act. √  Encouragement for Startups √  Strengthen Corporate Governance Standard √  Strict Action against defa...

Read More
Posted Under: Company Law |

Draft Format of Director’s Report: Other than OPC & Small Company

Below mentioned directors report shall not applicable on opc and small company. Draft format of opc and small company has been published on link: http://www.csdiveshgoyal.info/2018/08/draft-format-directors-report-one.html...

Read More
Posted Under: Company Law |

Companies Amendment Act, 2017 impact on Annual Filing of F.Y. ended 31.03.2018

MCA vide notified approximately 84 sections of Companies Amendment Act, 2017 out of 93 sections. Link for list of notified section available on below mentioned link: http://www.csdiveshgoyal.info/2018/08/notification-84-sections-of-companies.html...

Read More
Posted Under: Company Law |

Incorporation of Limited Liability Partnership (LLP)

Revised Process for Incorporation of limited liability partnership (LLP) after considering Limited Liability Partnership (Second Amendment) Rules, 2018 as applicable from the 2nd October, 2018. In this Editorial the author shall deliberate the Provisions of LLP Act, 2008 as on 02nd  October, 2018 in respect of Incorporation of Limited ...

Read More
Posted Under: Company Law |

Managerial remuneration (MD, WTD, Directors) with FAQs

Articles explains amended Provisions related to Managerial remuneration of Managing Director (MD),  Whole Time Director (WTD) and Directors under Companies ACt, 2013 as amended by Companies (appointment and remuneration of managerial personnel) Amendment Rules 2018, Amended Schedule V of Companies Act, 2013 and amended section 196, 197,...

Read More
Posted Under: Company Law |

Effect of Non Filing Of DIR 3 KYC 

If Person fails to file DIR-3 KYC within due date. MCA21 system will mark all approved DINs (allotted on or before 31st March, 2018) against which DIR-3 KYC form has not been filed as ‘Deactivated’ with reasons as ‘Non-filing of DIR-3 KYC’...

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Posted Under: Company Law |

Directors Report on Internal Complaint Committee- Sexual Harassment of Women At Work Place

As per Companies Act, 2013 Section 134 every company required to prepare report of Board of Directors for Financial year. Board report should contain disclosures as per Section 134 read with rule 8....

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Posted Under: Company Law |

How to Surrender Director Identification Number (DIN)

HAVING TWO DINs WHAT TO DO AND HOW TO CHECK IF ONE IS HAVING TWO DINs? This article is especially for the person who has obtained more then 1 (One) DIN at any time. We came to know that Regional Director (Noida) has issued "Show Cause Notice U/s 266G of the Companies Act, 1956" to more than 2 Lac Persons. ...

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All about Surrender of DIN with FAQs

As per rule 11(f), a person can apply for surrender of DIN only in the situation when DIN is unused and never used for appointment as director in any Company (except situations like unsound mind, death, and insolvent)....

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Posted Under: Company Law |

Annual Return Filing under Company Law: FAQs

These FAQ’s are based on Latest amendments including Amendment by Companies (Amendment) Act, 2017 in relation to Filling of Financial Statement and Annual Return for financial Year ended on 31.03.2018. Q.1. As per Companies Act, 2013 Statutory Auditor shall be appointing for 5 financial years subject to ratification by members in every ...

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Posted Under: Company Law |

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