Divesh Goyal

MCA notifies 41 Sections of Companies Amendment Act, 2017

Company Law - MCA has notified below mentioned 41 sections of Companies Amendment Act, 2017 w.e.f. 9th February, 2018 vide its notification dated 09th February 2018....

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Implication of Non Compliance- Condonation Of Delay Scheme, 2018

Company Law - In this editorial the author shall discuss the some queries raised by professionals and Corporates / Key Effects in relation to Condonation of Delay Scheme, 2018. More than one month has been passed when the scheme notified by the MCA. However, still there are many issues are unanswered under this scheme:...

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Removal of Disqualification of Director- Without Revival of Company: High Court

Company Law - In this Flash editorial, the author begins by referring the provisions of Removal of Disqualification of Director. While, MCA has issued Condonation of Delay scheme, 2018 as an opportunity to Disqualified Directors to remove their Disqualification....

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Process for Incorporation of Company Private Limited

Company Law - 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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Executive & Non- Executive Director under Companies Act, 2013

Company Law - There is no legal distinction between the powers and duties of executive directors and non-executive directors, the two play different roles on a board of directors. Even u/s 166 of Companies Act, 2013 duties of directors are prescribed which are equal for both executive and non-executive Director....

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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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Whether Insolvency Proceedings can be initiated against Guarantor

IDBI Bank Ltd. V. BCC Estate (P.) Ltd (NCLT Ahmedabad) - Whether Creditor can file application against Corporate Guarantor in case of default by Principle Debtor and petition against principle debtor has already been admitted under the Insolvency & Bankruptcy Code, 2016....

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Recent Posts in "Divesh Goyal"

MCA notifies 41 Sections of Companies Amendment Act, 2017

MCA has notified below mentioned 41 sections of Companies Amendment Act, 2017 w.e.f. 9th February, 2018 vide its notification dated 09th February 2018....

Read More
Posted Under: Company Law |

Implication of Non Compliance- Condonation Of Delay Scheme, 2018

In this editorial the author shall discuss the some queries raised by professionals and Corporates / Key Effects in relation to Condonation of Delay Scheme, 2018. More than one month has been passed when the scheme notified by the MCA. However, still there are many issues are unanswered under this scheme:...

Read More
Posted Under: Company Law |

Removal of Disqualification of Director- Without Revival of Company: High Court

In this Flash editorial, the author begins by referring the provisions of Removal of Disqualification of Director. While, MCA has issued Condonation of Delay scheme, 2018 as an opportunity to Disqualified Directors to remove their Disqualification....

Read More
Posted Under: Company Law |

Process for Incorporation of Company Private Limited

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....

Read More
Posted Under: Company Law |

Executive & Non- Executive Director under Companies Act, 2013

There is no legal distinction between the powers and duties of executive directors and non-executive directors, the two play different roles on a board of directors. Even u/s 166 of Companies Act, 2013 duties of directors are prescribed which are equal for both executive and non-executive Director....

Read More
Posted Under: Company Law |

Procedure -Change / Alteration of Name under Companies Act 2013

A company being a legal entity must have a name of its own to establish its Separate identity. The name of the company is a symbol of its independent corporate existence. The first clause in the Memorandum of Association of the company states the name by which a company is known. ...

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Posted Under: Company Law |

Process of Alteration In Memorandum of Association of Company

Any Company which intended to make any change to the Memorandum of Association (MOA) of its company, will have to comply with the provisions of Section- 13 of Companies Act, 2013 and any other applicable provisions of the Act and applicable rules....

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Posted Under: Company Law |

Process of Alteration In Article of Association of Company

Any Company which intended to make any change to the Article of Association (AOA) of its company, will have to comply with the provisions of Section- 14 of Companies Act, 2013 and any other applicable provisions of the Act and applicable rules. Company can alter its Article by way of addition, deletion, modification, substitution, or in a...

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Posted Under: Company Law |

How to Reserve name of Company Name through RUN with FAQs

MCA issued Companies (Incorporation) Amendment, Rules, 2018 vide notification dated 20.01.2018 these rules are effective from 26th January, 2018. By these amendment Rules MCA has substituted Rule 9 of Companies (Incorporation) Rules, 2014....

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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 as on Ist February, 2018 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 |
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