Divesh Goyal

Clarification on Extension of Holding of AGM through Video Conferencing

Company Law - MCA has issued circular General Circular  No. 02/2021 dated January 13, 2021 in respect of Extension of Holding of AGM through Video Conferencing. Many queries were received from professionals by me which includes 1. Whether AGM can be held even after December 31, 2020? 2. Whether this circular is only for the f.y. 2019-20 or […]...

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Extension of CFSS – Clarification Period 01.02.2021 – 31.03.2021

Company Law - MCA has issued circular on Clarification on extension of CFSS vide General Circular No. 03/2021 dated January 15, 2021 in respect of clarification of extension of late filing of form. Many queries were received from professionals in in respect of this circular which includes- 1. Which companies are eligible to take benefits of extension v...

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Summary of Notifications & Circulars issued by MCA in December 2020

Company Law - Ministry of Corporate Affairs has caused myriad amendments in the Companies Act, 2013 in the Month of December 2020. In this editorial, the author shall try to cover all such amendments along with the impact of the same on the Corporates. Amendment THROUGH NOTIFICATIONS 1. Notifications of the Companies Amendment Act, 2020: Most of the [&...

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Clarification on Further Extension of AGM

Company Law - In this editorial, the author clarifies on Further Extension of AGM under Companies Act, 2013 with reference to Recent MCA Circular which provides as follows:- “If a company fails to hold the AGM till 31st December 2020 for the financial year ended 31.03.2020, Whether such company can apply with the ROC for the further extension [&helli...

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LLP- 8 Due Date F.Y. 2019-20

Company Law - In this editorial author discusses due date of filling of LLP-8 with Registrar of Companies for financial year 2019-20 along with date of signing of Financial Statement of LLP-8. Lots of professionals has asked us about extension in filing of e-form LLP-8 for f.y. 2019-20. Provisions of Law: As per Section 34 read with rule […]...

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Scheme for Street Vendors -PM SVANidhi scheme

Company Law - Ministry of Housing & Urban Affairs Scheme of Special Micro-Credit Facility launched for Street Vendors – Striving towards Atmanirbhar Bharat Posted On: 19 JUN 2020   A Memorandum of Understanding has been signed between Ministry of Housing & Urban Affairs and Small Industries Development Bank of India (SIDBI), here today, ...

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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"

Clarification on Extension of Holding of AGM through Video Conferencing

MCA has issued circular General Circular  No. 02/2021 dated January 13, 2021 in respect of Extension of Holding of AGM through Video Conferencing. Many queries were received from professionals by me which includes 1. Whether AGM can be held even after December 31, 2020? 2. Whether this circular is only for the f.y. 2019-20 or […]...

Read More
Posted Under: Company Law |

Extension of CFSS – Clarification Period 01.02.2021 – 31.03.2021

MCA has issued circular on Clarification on extension of CFSS vide General Circular No. 03/2021 dated January 15, 2021 in respect of clarification of extension of late filing of form. Many queries were received from professionals in in respect of this circular which includes- 1. Which companies are eligible to take benefits of extension v...

Read More
Posted Under: Company Law |

Summary of Notifications & Circulars issued by MCA in December 2020

Ministry of Corporate Affairs has caused myriad amendments in the Companies Act, 2013 in the Month of December 2020. In this editorial, the author shall try to cover all such amendments along with the impact of the same on the Corporates. Amendment THROUGH NOTIFICATIONS 1. Notifications of the Companies Amendment Act, 2020: Most of the [&...

Read More
Posted Under: Company Law |

Clarification on Further Extension of AGM

In this editorial, the author clarifies on Further Extension of AGM under Companies Act, 2013 with reference to Recent MCA Circular which provides as follows:- “If a company fails to hold the AGM till 31st December 2020 for the financial year ended 31.03.2020, Whether such company can apply with the ROC for the further extension [&helli...

Read More
Posted Under: Company Law |

LLP- 8 Due Date F.Y. 2019-20

In this editorial author discusses due date of filling of LLP-8 with Registrar of Companies for financial year 2019-20 along with date of signing of Financial Statement of LLP-8. Lots of professionals has asked us about extension in filing of e-form LLP-8 for f.y. 2019-20. Provisions of Law: As per Section 34 read with rule […]...

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Posted Under: Company Law |

Relaxation for Companies & LLP till December 31, 2020

RELAXATION DUE TO CoVID 19 Companies Act, 2013 & LLP Act, 2008 till December 31, 2020 In this article author shall discuss about Relaxation given by MCA for Compliances under Companies Act, 2013 and LLP Act, 2008 till December 31, 2020. MCA has relaxed Due Dates for Filing of Forms, holding of Meetings etc. MCA has issued […]...

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Posted Under: Company Law |

Everything about DPT-3

In this editorial author discusses about DPT-3. DPT-3 is annual return which is required to be filed  every year by Companies having any amount of loan or advances as on 31st March within 90 days of end of financial year i.e. upto 30th June. Q 1. What are the objectives of e-Form DPT-3? Ans. The […]...

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Posted Under: Company Law |

Is Auditor Certificate mandatory for DPT-3

In this Article author discusses about requirement of auditor certificate for filing of e-form DPT-3. Whether auditor certificate mandatory for all the DPT-3, if not then what are the situations when certificate from auditor required for DPT-3? Point of Editorial: Is Chartered Accountant Certificate required for e-form DPT-3? This is very...

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Posted Under: Company Law |

How to file DPT-3 In case of Loan from SHAREHOLDER?

In this Article author discusses how to file DPT-3 form when a Private Limited/ Public Limited Company having loan from shareholders (HUF, Trust, Individual etc.) As per exemption notification dated 05th June 2015 and 13th June 2017 Private Limited Companies are allowed to accept Loan from Shareholders of Company after following the proce...

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Posted Under: Company Law |

Key Takeaways from Companies (Amendment) Bill, 2020

 Key Take Away –  THE COMPANIES (AMENDMENT) BILL, 2020 Passed by Lok Sabha & Rajya Sabha Government has passed the Companies (Amendment) Bill, 2020 as Bill No. 88 of 2020 to further amend Companies Act, 2013 on March 12, 2020. Companies (Amendment) Bill, 2020 based on CLC Committee. CLC Committee submitted its report in Novemb...

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Posted Under: Company Law |

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