Company Law : The nitty-gritty involved while resignation from the post of Director of a Company, precautions to be taken while resigning have b...
Company Law : Under Companies Act, 1956 there was no provision governing the resignation tendered by a Director. Thus matters in dispute with re...
Company Law : A director may resign from his office by giving a notice in writing to the company and the Board shall on receipt of such notice t...
Company Law : Share simply put is a unit of ownership that represents an equal proportion of a company's capital. Share has been defined in sect...
Company Law : India is moving towards “ease of doing business’ regime and wants to improve its current rank (134 out of 185 as per World Ban...
The procedure for Incorporation of is as follows:- 1. Obtain Digital Signature- The Subscriber applying for availability of name and the proposed Directors need to have DSC. AS per Ministry of Corporate Affairs Class-II DSC is required for e-Filings under MCA21. 2. Obtain DIN- As envisaged under section 153 an individual intending to become Director needs to obtain DIN. For obtaining DIN e-form DIR-3 has to be filed which has to be certified by a practicing professional.
Gurminder Dhami Introduction With the dawn of Companies Act, 2013 which strives towards shareholders activism, the shareholders now have an option to cast their vote electronically. The intention is to provide the shareholders opportunity to have their say at the general meeting of a company without even being present at the same. The rules relating […]
Gurminder Dhami INTRODUCTION General principle of law is that the decisions which are serious in nature or which involve significant business transactions are taken at Shareholders meetings. The scope of this decision making power has been increased by Companies Act, 2013. To enable shareholders to take apt and a well informed decision, it is necessary […]
As per section 139(6) the first auditor of the company shall be appointed by the Board within 30 days of Incorporation. In case of Board’s failure, an EGM shall be called within 90 days to appoint the first auditor. The law is silent regarding from when this time limit of 90 days be reckoned, it is better to take a stricter view and interpret that the 90 days limit starts from Incorporation rather than expiry of 30 days(i.e. failure of Board) from it.
Gurminder Dhami INTRODUCTION The votes cast by the shareholders play decisive role in the business proposed in General Meetings of a Company. An equity shareholder has the right to vote for every motion. However, as per the Section 47 of the Companies Act, 2013 preference shareholder is entitled to vote only for a resolution pertaining […]
