Divesh Goyal

Amendments in Companies Act during January & February 2019

Company Law - Ministry of Corporate Affairs has recently between 1st January, 2019 to 28th February, 2019 issued approximately 13 amendment notification / Circulars under Companies Act, 2013. These are Eight Notifications related to Amendments in Rules, Three other Notifications, One  Circular and Companies Amendment (Ordinance) 2019. Most Important ...

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FAQ’s, Provisions of Active Form & Consequence of non filing

Company Law - To get status of updated compliances (Detection of Shell Companies) of Companies. MCA has introduced on 21st February, 2019, Companies (Incorporation) Amendment Rules, 2019. These rules shall come into force from 25th February, 2019. A new Rule 25A inserted after Rule 25. A New Form 22A (e-form Active) Introduced. In this Flash Editorial ...

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Big dilemma – Strike off of Company without Annual Filing

Company Law - As per section 560 of the Companies Act, 1956, Registrar of Companies may strike off the name of companies on satisfying the conditions therein.As per Section 560, a company desirous of getting its name struck off has to apply to Registrar of companies in e-form 61. All pending statutory returns are required to be filed along with e-form ...

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New filing requirement under Company Law till April, 2019

Company Law - Article compiles filing requirement with due date, fees, penalty and applicability of MSME-1 (Initial Return)- Every Outstanding to MSME more then 45 days as on 22.01.2019, DPT-3 – Details of outstanding Loan/ receipt of money as on 22.01.2019, DIR-3 KYC – Every Person holding DIN as on 31.03.2019, INC-22A (ACTIVE)– Ever...

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E-Form INC 22A Active: Active Company Tagging Identities & Verification

Company Law - MCA on 21st February, 2019, came out with draft of Companies (Incorporation) Amendment Rules, 2019. These rules shall come into force from 25th February, 2019. A new Rule 25A inserted after Rule 25. A New Form 22A (e-form Active) Introduced. In this Flash Editorial author begins by discussion on the provisions of e-form Active (its [&hell...

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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"

Amendments in Companies Act during January & February 2019

Ministry of Corporate Affairs has recently between 1st January, 2019 to 28th February, 2019 issued approximately 13 amendment notification / Circulars under Companies Act, 2013. These are Eight Notifications related to Amendments in Rules, Three other Notifications, One  Circular and Companies Amendment (Ordinance) 2019. Most Important ...

Read More
Posted Under: Company Law |

FAQ’s, Provisions of Active Form & Consequence of non filing

To get status of updated compliances (Detection of Shell Companies) of Companies. MCA has introduced on 21st February, 2019, Companies (Incorporation) Amendment Rules, 2019. These rules shall come into force from 25th February, 2019. A new Rule 25A inserted after Rule 25. A New Form 22A (e-form Active) Introduced. In this Flash Editorial ...

Read More
Posted Under: Company Law |

Big dilemma – Strike off of Company without Annual Filing

As per section 560 of the Companies Act, 1956, Registrar of Companies may strike off the name of companies on satisfying the conditions therein.As per Section 560, a company desirous of getting its name struck off has to apply to Registrar of companies in e-form 61. All pending statutory returns are required to be filed along with e-form ...

Read More
Posted Under: Company Law |

New filing requirement under Company Law till April, 2019

Article compiles filing requirement with due date, fees, penalty and applicability of MSME-1 (Initial Return)- Every Outstanding to MSME more then 45 days as on 22.01.2019, DPT-3 – Details of outstanding Loan/ receipt of money as on 22.01.2019, DIR-3 KYC – Every Person holding DIN as on 31.03.2019, INC-22A (ACTIVE)– Ever...

Read More
Posted Under: Company Law |

E-Form INC 22A Active: Active Company Tagging Identities & Verification

MCA on 21st February, 2019, came out with draft of Companies (Incorporation) Amendment Rules, 2019. These rules shall come into force from 25th February, 2019. A new Rule 25A inserted after Rule 25. A New Form 22A (e-form Active) Introduced. In this Flash Editorial author begins by discussion on the provisions of e-form Active (its [&hell...

Read More
Posted Under: Company Law |

Who is eligible for Valuation of Securities under Company Law or Income Tax

We have received queries / questions many persons Like: Professionals / corporate on subject ‘Who is eligible to do valuation of Securities under Companies Act or Income Tax Act?‘ There is difference in views of professionals, business entities even authorities on above mentioned question. In below mentioned editorial author w...

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Posted Under: Company Law |

All about Companies (Significant Beneficial Owners) Rules, 2018

Significant Beneficial Ownership (SBO) MCA on 15th February, 2018, came out with draft of Companies (Beneficial Interest and Significant Beneficial Interest) Rules, 2018 On June 13, 2018, MCA issued the Companies (Beneficial Interest and Significant Beneficial Interest) Rules, 2018 (‘Final Rules’) and enforced section 90 of the Amendm...

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Posted Under: Company Law |

Post Incorporation Work under Companies Act, 2013

Process of Incorporation has been amended more than 10 times since Effectiveness of Companies Act, 2013. Similarly much compliance has been decreased and increased by amendments in Companies Act by Circulars, Notifications and amendment in Rules in respect of Post Incorporation of Compliances....

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Posted Under: Company Law |

Applicability of Deposit Rules on NBFCs and filing of e-form DPT-3

In this Article author analyses provisions of Deposit and applicability of provisions of Deposit Rules including Companies (Acceptance of Deposits) Amendment Rules, 2019 and Sections  on NBFC Companies. Whether as per Latest Deposit Rules NBFC or Banking Companies are also required to file e-form DPT-3 with ROC? Legislative Language: As ...

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Posted Under: Company Law |

Agenda for First Board Meeting After Incorporation of Company

In this  article author discusses the followings: – Agenda for First Board Meeting – Draft of Notice, Agenda, Minutes etc. LEGISLATION LANGUAGE: √ As per Section 173(1) ‘Every company shall hold the first meeting of the Board of Directors within 30 (thirty) days of the date of its incorporation.’ √ Companies h...

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Posted Under: Company Law |

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