Divesh Goyal - Page 30

Whether Pendency of proceeding before DRT is Ground of Rejection under IBC

With the Insolvency and Bankruptcy Code inching in reality, the Debt Recovery Tribunals (DRT) will resolve individual bankruptcy cases, the National Company Law Tribunal will work on corporate insolvency. The reasons for the pile-up of cases varied from legal lacunae to insufficient technical expertise in dealing with such cases. Labour a...

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Posted Under: Corporate Law |

Impact of Disqualification on directors – struck off companies

Ministry of Corporate Affairs along with Ministry of Finance has taken actions against the Shell Companies in other words the Companies which has not filed the Financial Statement and Annual Return with ROC. They have taken the action step wise step like; MCA has cancelled the registration of around 2010 lakh (209,032) defaulting Companie...

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Posted Under: Corporate Law |

Investigation – SFIO – Arrest

The Ministry of Corporate Affairs by Notification NO. S.O. 2751(E) Dated: 24th August, 2017 has notified that [1]Section 212 sub-section (8), (9) and (10) shall come into force w.e.f. 24.08.2017. MCA further vide [2]notification no. G.S.R. 1062(e) Dated: 24th August, 2017 has published rules called the Companies (Arrests in connection wit...

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Posted Under: Corporate Law |

Major Amendment In Secretarial Standard 2- On General Meeting

In this Flash editorial, the author referring amendment i.e. Secretarial Standard -2 (here after referred as SS-2) issued on July, 1st, 2015 (here after referred as Old SS) and Revised version of SS-2 effective from 1st October, 2017 issued by issued by Institute of Company Secretary of India (ICSI) dated 30th August, 2017....

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Posted Under: Corporate Law |

Major Amendment in Secretarial Standard 1- Meeting of Board of Directors

Revised Secretarial Standard shall be effective w.e.f. 1st October, 2017. There are some alterations made in the revised SS-1 in comparison to former SS-1.This Standard prescribes a set of principles for convening and conducting Meetings of the Board of Directors and matters related thereto....

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Posted Under: Corporate Law |

Difference B/w Provision U/s 252(1) & 252(3) – Revival of Companies

In this Flash editorial, the author begins by referring the provisions of section provisions of section 252(1) and Section 252(3) relating to REVIVAL OF COMPANIES STRUCK off from the record of the Registrar due to order of ROC or application of the Company....

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Posted Under: Corporate Law |

Whether “Home Buyer” can initiate Insolvency Process- IBC

Whether Flat Buyer can initiate Insolvency process against Builders under Insolvency and Bankruptcy Code (IBC) or Whether Flat buyer can claim for refund of their dues from Insolvency Professional....

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Posted Under: Corporate Law |

Process how Homebuyers can Claim Refund – Jaypee Infratech

In this editorial author discuss the provisions of IBC, 2016 in relation to claim of home buyers from Insolvency Resolution Professional. The author shall discuss the situation of home buyers of Jaypee Infratech along with IBC (Insolvency Resolution Process form Corporate Person) (Amendment) Regulations, 2017. ...

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Posted Under: Corporate Law |

Implication of Non-filing of Annual Forms: Companies Amendment Bill, 2017

it proposed in the bill that the Company can file such form subject to additional fees of Rs. 100/- per day”. Here the questions are; If a Company has not filed Annual forms for the f.y. 2014-15 , 2015-16 or any previous financial year then whether fees shall be applicable as Rs. 100 per day or 2 times, 4 times as per Companies Act, 20...

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Posted Under: Corporate Law |

Process of Shifting of Registered Office from One State to Other

MCA by circular dated 27th July, 2017 has notified Companies (Incorporation) Second Amendment Rules, 2017. Due to this notification Rule 28 pertaining to Shifting of registered office within the same state and Rule 30 pertaining to Shifting of registered office from one State or Union Territory to another state”....

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Posted Under: Corporate Law |

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