Monisha Jain articles

Issue and redemption of preference shares by company

As per Explanation(ii) to section 42 of the Companies Act, 2013 (‘the Act’), the term preference shares mean and includes that part of the share capital the holders of which have a preferential right over payment of dividend (fixed amount or rate) and repayment of share capital in the event of winding up of the company....

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Posted Under: Company Law |

Issue of securities by a private company – Rights & Bonus issue

Bonus issue- Issue of bonus shares is regulated by the provisions of section 63 of the Companies Act, 2013. A company can issue bonus shares to its existing equity shareholders in a proportion as may be determined by the Board of Directors of the company based on the availability of adequate resources. ...

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Posted Under: Company Law |

Section 42- Issue of Shares / securities by a private company – Private placement

As per section 23(2) of Companies Act, 2013 (‘the Act’), a private company can issue securities in either of the following manners- - by way o f a private placement (section 42); or - by way of a rights/ bonus issue. In order to allot securities by way of a private placement offer, a company has to comply with the regulations as presc...

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Posted Under: Company Law |

Section 115A recent amendment, the logic & reasoning behind it vague?

Monisha Jain The Financial Budget 2013 bringing in many changes that are proposed to be implemented from 1st April, 2013 has bought in serious issues to be looked for and analysed by the tax regulators and experts. Section 195 of the Income Tax Act, 1961 states that: The income earned by non-residents in the form […]...

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Posted Under: Company Law |

Buyback of Shares – Is it a Tool for Companies to Come out of Crisis Situations?

SECTION 77 restricts the buyback of own shares from the market by the company or its subsidiaries/parent company. This restriction was imposed on the companies to ensure that these companies do not indulge in unfair and mal trade practices by unnecessarily blowing up their share prices in the market and misleading the investors by giving ...

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Posted Under: Company Law |

Cut Down The Meals To Save Taxes?? Cascading Effect Really Out Of the Picture??

The posh restaurants these days have a highly priced menu for the varieties of cuisines offered by them. These high prices are a symbol of their quality and taste standards, and this is what they try to project. But how far is that true??? Let’s assess it. ...

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Posted Under: Company Law |

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June 2020