Company Law : The article explains that companies need a balanced mix of Executive, Non-Executive, and Independent Directors for effective gover...
CA, CS, CMA : Analysis of legal and ethical limits on an Independent Director becoming Statutory Auditor, focusing on cooling-off restrictions u...
Corporate Law : This piece explains that Independent Directors are not automatically liable, but face risk where knowledge, consent, or neglect is...
Company Law : Learn the role of Independent Directors (IDs) under the Companies Act, 2013, and SEBI LODR in ensuring good corporate governance....
Company Law : Erroneous MCA data classifying Independent Directors as 'Directors' leads to legal issues, prompting a systemic correction to prot...
Company Law : 86% of Independent Director positions in CPSEs remain vacant. Govt follows a structured process for appointments through ministrie...
Company Law : ICSI requests amendments to Sections 204 & 149(6)(e)(ii)(A) of Companies Act,, to enable Company Secretaries in practice to be Ind...
Company Law : ICAI releases Technical Guide on the provisions of Independent Directors from Corporate Governance perspective Good Corporate Go...
Company Law : MCA on 28.09.2020, vide various circulars and notification extended the date of various schemes to 31.12.2020 which were launched ...
Company Law : Companies which do not have any of their Directors/Signatory details registered in the MCA2 1 system and who are desirous of filin...
Company Law : Delhi High Court orders MCA to review independent director's request for designation correction in official records to prevent und...
Fema / RBI : Madras High Court overturns wilful defaulter tag on former IAS officer, citing lack of evidence linking him to company's financial...
SEBI : Regulation 17(1A) is not applicable for the purpose of filling up a casual vacancy under Section 161(4) of the Companies Act. Reg...
Corporate Law : Sunita Palta & Ors. Vs. Kit Marketing Pvt. Ltd. (Madras High Court) Non-Executive Directors are, therefore, persons who are no...
Company Law : ROC Delhi penalised a company and its directors after it failed to appoint mandatory independent directors despite crossing the pr...
Company Law : ROC Mumbai penalized a company and its officers for failing to fill vacancies of independent directors within the statutory timeli...
Company Law : The company delayed appointment of independent directors despite crossing the threshold. The authority held that prolonged non-com...
Company Law : The issue involved non-compliance with Section 150(1) due to improper appointment of an independent director. The authority held t...
Company Law : The ROC penalized the company for not appointing an Independent Director from the IICA databank. The ruling highlights strict comp...
Applicability: – Companies (Appointment & Qualification of Directors) Rules, 2014 – Chapter XI Appointment and Qualifications of Directors –SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 WHEN IS A COMPANY REQUIRED TO APPOINT INDEPENDENT DIRECTOR? Listed Company Unlisted Public Company Mandatory (atleast 1 /3rd of total director needs to be independent director) For E.g. : […]
The concept of Independent Directors is a welcome step for corporate governance in India. Independent directors are expected to use their capacity, knowledge, and resources towards the maximization of stakeholders’ value and well-being.
Since the emergence of big corporate scandals in India, there has been much debate on Corporate Governance and also the role of the company director including the independent director. India being a preferred investment destination will have to strengthen the governance norms, so to achieve the highest investment ever.
If we are a shareholder in a company, would we want that company to do well? We would want a higher return on equity or would we like a bigger market capitalisation? Would we want all this at lesser risk, and as a bonus would we also like the company to face fewer governance issues?
कंपनी अधिनियम 2013 को संशोधनों के साथ लागू करने के पीछे मोदी सरकार का उद्देश्य साफ था कि कंपनियों की कार्यशैली में पारदर्शिता लाना और छोटे निवेशकों, शेयरधारकों और हितधारकों के प्रति जबाबदेही तय करना. इसी उद्देश्य की पूर्ति के लिए कंपनी कानून, 2013 के तहत प्रत्येक सूचीबद्ध कंपनी के कुल निदेशकों में से एक-तिहाई […]
Who can become Independent director (ID): As the name suggests, he should be independent in relation to a company having integrity and possessing relevant expertise and experience. Having neither pecuniary relationship nor related to promotor or director of the company.
Article discuss Amendment In Provisions related to Independent Director under companies Act, 2013 amended vide recent MCA Notification dated: 19th August, 2021 by which it notified Companies (Appointment and Qualification of Directors) Amendment Rules, 2021. These Rules came into effect from 20th August 2021. Provisions before Amendment: {Rule 6(4)} I. Compliances required by a person […]
As per recent Notification on 19th August, 2021 MCA has issued: Companies (Appointment and Qualification of Directors) Amendment Rules, 2021. These Rules came into effect from 20th August 2021. Extract of Amendment: Amendment 1: in the first proviso, for clause (B), the following clause shall be substituted, namely: — “(B) in the pay scale of […]
An Independent Director is one who can give an independent assessment of the company, in particular on the questions of strategies, productivity, risk evaluation, capabilities and ethical standards. They are the ones whose duty is to provide an impartial and informed evaluation in the assessment of management and board performance.
Independent Directors: Exemption from online proficiency self-assessment test – Companies (Appointment and Qualification of Directors) Amendment Rules, 2021 The MCA has notified a new set of Rules to amend the existing Companies (Appointment and Qualification of Directors) Rules, 2014 which shall come into force on the date of its publication in the Official Gazette. Sr. […]
