Divesh Goyal

Difference Between Fine & Penalty Companies Act, 2013 & Company Ordinance, 2018

Company Law - There is always confusion between ‘Fine and Penalties’.  Through, this editorial author made an attempt to elaborate the difference and basic meaning of between ‘Fine & Penalties’. Let’s first see the meaning as per dictionary: Fine Penalty As per Oxford Dictionary: Fine is “a sum of money exacted as a pen...

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New Norms- Charge Creation/ Modification under Companies Act, 2013 & Company (Amendment) Ordinance, 2018

Company Law - Creation/ modification of charge are one of crucial activity for Loan from Bank/ financial institutions etc.  When Companies Act, 2013 introduced at that time Charge satisfaction form required to be submitted with ROC within 30 days of satisfaction otherwise Company have to file application of compounding with Regional Director. However,...

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Conversion of Public Limited Company into Private Limited Company

Company Law - Keeping in view the relaxations provided to a Private Company, many public companies have converted into Private Companies or in the process of such conversion. Through this brief write up an attempt has been made to unlock the technicalities related to Conversion of Public Company into Private Company prescribed under Companies Act, 2013...

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Analysis of NFRA Rules, 2018

Company Law - As per the Companies Act, 2013 the NFRA is tasked with the job of recommending accounting and auditing standards, ensuring compliance with them and overseeing the quality of service of the accounting and audit professions....

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Restriction on Transfer of Shares of Listed Company in Physical Form

Company Law - SEBI has amended the Listing Obligation and Disclosure Requirements (LODR) regulations. In a new directive, shareholders holding physical share certificates should convert it into dematerialized form by December 5, 2018:- Notification for same has been issued on “The gazette notification was issued on June 8, 2018” A. Impact: The shar...

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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"

Difference Between Fine & Penalty Companies Act, 2013 & Company Ordinance, 2018

There is always confusion between ‘Fine and Penalties’.  Through, this editorial author made an attempt to elaborate the difference and basic meaning of between ‘Fine & Penalties’. Let’s first see the meaning as per dictionary: Fine Penalty As per Oxford Dictionary: Fine is “a sum of money exacted as a pen...

Read More
Posted Under: Company Law |

New Norms- Charge Creation/ Modification under Companies Act, 2013 & Company (Amendment) Ordinance, 2018

Creation/ modification of charge are one of crucial activity for Loan from Bank/ financial institutions etc.  When Companies Act, 2013 introduced at that time Charge satisfaction form required to be submitted with ROC within 30 days of satisfaction otherwise Company have to file application of compounding with Regional Director. However,...

Read More
Posted Under: Company Law |

Conversion of Public Limited Company into Private Limited Company

Keeping in view the relaxations provided to a Private Company, many public companies have converted into Private Companies or in the process of such conversion. Through this brief write up an attempt has been made to unlock the technicalities related to Conversion of Public Company into Private Company prescribed under Companies Act, 2013...

Read More
Posted Under: Company Law |

Analysis of NFRA Rules, 2018

As per the Companies Act, 2013 the NFRA is tasked with the job of recommending accounting and auditing standards, ensuring compliance with them and overseeing the quality of service of the accounting and audit professions....

Read More
Posted Under: Company Law |

Restriction on Transfer of Shares of Listed Company in Physical Form

SEBI has amended the Listing Obligation and Disclosure Requirements (LODR) regulations. In a new directive, shareholders holding physical share certificates should convert it into dematerialized form by December 5, 2018:- Notification for same has been issued on “The gazette notification was issued on June 8, 2018” A. Impact: The shar...

Read More
Posted Under: Company Law |

Unlisted Public Company to file Half Yearly ‘Reconciliation Certificate’

Article discusses Compliance Requirement under Companies Act, 2013 and under Regulation 55A of the SEBI (Depositories and Participants) Regulations, 1996 considering Companies (Prospectus and Allotment of Securities) Third Amendment Rules, 2018 notified on 10 September 2018 effective from 02nd October, 2018. ...

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Posted Under: Company Law |

Impact of “Demetralization of Securities” of Public Limited Company

Dematerialization is the process of converting Physical Securities into electronic format. It should be related to Listing of securities. A Shareholder intending to dematerialize its securities needs to open a Demat account with Depository Participant....

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Posted Under: Company Law |

Analysis of 4 recent NCLT Ruling on Insolvency Bankruptcy Code, 2016

Article explains following 4 FAQs based on recent NCLT Rulings- 1. Whether Pendency of Proceedings or initiation of action under SARFAESI Act is a ground for rejection of application u/s 7 of IBC? 2. Whether non-cooperation of suspended management and non –availability of assets in Company can be an ground for initiation of Liquidation ...

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Posted Under: Company Law |

Companies Amendment (Ordinance), 2018: Key Take Away

Companies Amendment (Ordinance), 2018 amending Companies Act, 2013 was passed by Ministry of Law and Justice on 2nd November, 2018. The Companies (Amendment) Ordinance, 2018 suggests 32 amendments to the Companies Act, 2013. The Ordinance has been promulgated based on the Report of Committee Constituted to Review Penalty, Jail Term for Of...

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Posted Under: Company Law |

Requirement – MGT – 9 Big Question?

Whether Companies required preparing MGT-9 after 31st July, 2018? Whether Companies are required to comply both Section 92 and Section 134? While complying Section 134, MGT-9 required being published on website of Company or Annual Return i.e. MGT-7 required publishing on website of Company? If Company doesn’t having website in such cas...

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Posted Under: Company Law |

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