Companies Act 2013

Conversion of OPC into Private/Public Company

Company Law - The One Person Company (OPC) is a newly incorporated type of company and was introduced in the Companies Act, 2013 to support entrepreneurs who on their own are capable of starting a venture by allowing them to create a single person economic entity. There can be only one, natural person resident of India who can […]...

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Draft CSR Policy for private companies

Company Law - Corporate bodies’ involvement in CSR activities is not a new concept in India. Industrial majors are engaged in social development activities since long back. However, the Companies Act, 2013 has brought it under the legal purview. ...

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Comparison between provisions of Woman Director as per Companies Act 2013 & LODR

Company Law - This article seeks to highlight the common points and uncommon points on appointment of woman director as per Companies Act, 2013 and SEBI (LODR) Regulations Women Director comparison as per Companies Act and SEBI (LODR) Regulations 2015 Reg. or Section LODR Regulations 17 (1) :- The composition of board of directors of the listed entity ...

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Small Shareholders’ Director- Analysis

Company Law - Section 151 of the Companies Act, 2013 A listed company may have one director elected by such small shareholders in such manner and with such terms and conditions as may be prescribed. Explanation.—For the purposes of this section “small shareholders” means a shareholder holding shares of nominal value of not more than twenty thousa...

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Stamp Duty on Issue of Share Certificates- Brief Study

Company Law - Brief Note: In General Sense Shares Means A Portion Of A Larger Amount Which Is Divided Into No. Of People. In Legal Terms As Per Companies Act 2013, Section 84(2) ‘Shares’  Means A Share In The Capital Of A Company And Includes Stock. A Share Certificate Is A Certificate Issue By A Company To A […]...

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Guidance Note on Reports in Company Prospectuses (Revised 2019)

Company Law - Guidance Note on Reports in Company Prospectuses (Revised 2019) Readers may note that this Guidance Note supersedes the Guidance Note on Reports in Company Prospectuses (Revised 2016) issued by the ICAI in December 2016. The ‘Guidance Note on Reports in Company Prospectuses’ provides guidance to the practitioners in case of engagement...

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Disclosure on implementation of SH Act mandatory in Director’s report

Company Law - Disclosure regarding implementation of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (SH Act,2013) made mandatory in the Director’s report as per amended the Company (Account) Rules, 2014 Press Information Bureau Government of India Ministry of Women and Child Development 21-December-2018 17:2...

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Major changes in Company Law & Corporate Law during last one year

Company Law - Companies (Amendment)Act , 2017 enacted; Out of total 93 Sections,  92 Sections brought into force along with relevant Rules  MCA proposes to introduce Companies (Amendment) Bill, 2018 to replace Companies (Amendment) Ordinance 2018 in the ongoing Winter Session of Parliament Insolvency and Bankruptcy Code (Amendment) Act, 2018 & In...

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Companies (Amendment) Bill, 2018 as introduced in Lok Sabha

Company Law - (1) This Act may be called the Companies (Amendment) Act, 2018. (2) It shall be deemed to have come into force on the 2nd day of November, 2018....

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Draft amendment to rule 8 of Companies (Incorporation) Rules, 2014 – Name Availability

Company Law - Names which resemble too nearly with the name of an existing company. (1) A name applied for shall be deemed to resemble too nearly with the name of an existing company, if, and only if, after comparing the name applied for with the name of an existing company by disregarding the matters set out in sub-rule (2), the names are same....

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No legal bar on merger of an Indian LLP with an Indian Company

M/s. Real Image LLP  Vs  M/s. Qube Cinema Technologies Private Limited (NCLI) - M/s. Real Image LLP  Vs  M/s. Qube Cinema Technologies Private Limited (NCLI) Legislative intention behind enacting both the LLP act 2008 and The Companies Act 2013 is to facilitate the ease of doing business and create a desirable business atmosphere for companies and LLPs. For this purpose, bo...

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SC Stayed Bombay HC Order Granting Relief to Disqualified Director

Registrar Of Companies Maharashtra Mumbai & Anr Vs. Shailendrajit Charanjit Rai & Anr. (Supreme Court) - On Monday, 06th August 2018, the Honourable Supreme Court has stayed Bombay High Court Interim Order for granting relief to Disqualified Director by admitting Special Leave Petition by Ministry of Corporate Affairs....

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A person cannot be disqualified for non submission of his resignation by company in question

Karn Gupta Vs Union of India (Delhi High Court) - It is submitted that in the above facts and circumstances of the case that the petitioner has resigned from the directorship of the company in question, the petitioner would not incur a disqualification under Section 164 of the Companies Act. Consequently, the disqualification of the petitioner as n...

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Restore Company name when company expresses its willingness to file ROC returns with late fee: NCLT

Ms. Rashmi Rajpal v. Klienz Herbal (P.) Ltd. (National Company Law Tribunal, Hyderabad Bench) - Ms. Rashmi Rajpal v. Klienz Herbal (P.) Ltd. (National Company Law Tribunal, Hyderabad Bench) Where name of a company was struck off because of delay in filing statutory returns, reasons of which was explained, and, company had expressed its willingness to file all returns along with payment of pr...

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Delhi HC order on Filing of Returns by disqualified Directors under COD Scheme

Ms. Seema Singh Vs. Ms. Maninder Acharya (Delhi High Court) - 1. This bunch of writ petitions have been filed by persons who were directors in companies incorporated under the provisions of the Indian Companies Act, 1956. Apart from these companies, these petitioners have stated in the writ petitions that they were directors of other companies as well. In seve...

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National Company Law Tribunal (Amendment) Rules, 2019

Notification No. G.S.R.29(E) - (15/01/2019) - Central Government hereby makes the following rules further to amend the National Company Law Tribunal Rules, 2016, namely:- 1. (1) These rules may be called the National Company Law Tribunal (Amendment) Rules, 2019. ...

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President Assent Companies (Amendment) Ordinance, 2019

Notification No. 3 of 2019 - (12/01/2019) - 1. (1) This Ordinance may be called the Companies (Amendment) Ordinance, 2019. (2) It shall be deemed to have come into force on the 2nd day of November, 2018....

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Re-Constitution and Re-naming of Advisory Group of NFCSR

Order No. 11/02/2018-CSR - (07/01/2019) - Re-Constitution and Re-naming of Advisory Group of National Foundation for Corporate Social Responsibility (NFCSR) as Governing Council, NFCSR...

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Re-Constitution of Steering Committee of National Foundation for CSR

Order No. 11/ 02/ 2018-CSR - (07/01/2019) - Pursuant to the approval of Hon'ble Minister of Corporate Affairs, a restructured Steering Committee of National Foundation for Corporate Social Responsibility (NFCSR) is hereby constituted to prepare a roadmap, oversee the functioning and steer the activities of NFCSR for providing policy inputs an...

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Companies (Incorporation) Fourth Amendment Rules, 2018

G.S.R.(E). - (18/12/2018) - 23A. Declaration at the time of commencement of business.- The declaration under section 10A by a director shall be in Form No.INC-20A and shall be filed as provided in the Companies (Registration Offices and Fees) Rules, 2014 and the contents of the said form shall be verified by a Company Secretar...

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Recent Posts in "Companies Act 2013"

National Company Law Tribunal (Amendment) Rules, 2019

Notification No. G.S.R.29(E) (15/01/2019)

Central Government hereby makes the following rules further to amend the National Company Law Tribunal Rules, 2016, namely:- 1. (1) These rules may be called the National Company Law Tribunal (Amendment) Rules, 2019. ...

Read More

Guidance Note on Reports in Company Prospectuses (Revised 2019)

Guidance Note on Reports in Company Prospectuses (Revised 2019) Readers may note that this Guidance Note supersedes the Guidance Note on Reports in Company Prospectuses (Revised 2016) issued by the ICAI in December 2016. The ‘Guidance Note on Reports in Company Prospectuses’ provides guidance to the practitioners in case of engagement...

Read More
Posted Under: Company Law |

Conversion of OPC into Private/Public Company

The One Person Company (OPC) is a newly incorporated type of company and was introduced in the Companies Act, 2013 to support entrepreneurs who on their own are capable of starting a venture by allowing them to create a single person economic entity. There can be only one, natural person resident of India who can […]...

Read More
Posted Under: Company Law |

Draft CSR Policy for private companies

Corporate bodies’ involvement in CSR activities is not a new concept in India. Industrial majors are engaged in social development activities since long back. However, the Companies Act, 2013 has brought it under the legal purview. ...

Read More
Posted Under: Company Law |

Comparison between provisions of Woman Director as per Companies Act 2013 & LODR

This article seeks to highlight the common points and uncommon points on appointment of woman director as per Companies Act, 2013 and SEBI (LODR) Regulations Women Director comparison as per Companies Act and SEBI (LODR) Regulations 2015 Reg. or Section LODR Regulations 17 (1) :- The composition of board of directors of the listed entity ...

Read More
Posted Under: Company Law |

Small Shareholders’ Director- Analysis

Section 151 of the Companies Act, 2013 A listed company may have one director elected by such small shareholders in such manner and with such terms and conditions as may be prescribed. Explanation.—For the purposes of this section “small shareholders” means a shareholder holding shares of nominal value of not more than twenty thousa...

Read More
Posted Under: Company Law |

President Assent Companies (Amendment) Ordinance, 2019

Notification No. 3 of 2019 (12/01/2019)

1. (1) This Ordinance may be called the Companies (Amendment) Ordinance, 2019. (2) It shall be deemed to have come into force on the 2nd day of November, 2018....

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Stamp Duty on Issue of Share Certificates- Brief Study

Brief Note: In General Sense Shares Means A Portion Of A Larger Amount Which Is Divided Into No. Of People. In Legal Terms As Per Companies Act 2013, Section 84(2) ‘Shares’  Means A Share In The Capital Of A Company And Includes Stock. A Share Certificate Is A Certificate Issue By A Company To A […]...

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Posted Under: Company Law |

Bonus Issue of Shares as per Section 63 of Companies Act, 2013

Bonus Shares are shares given to the existing shareholders in proportion to the number of shares they hold. They are additional shares given to the current shareholders. It is the further issue of shares by a company to its existing shareholders without any receipt of any consideration. For Example if investor holds  100 shares of [&hell...

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Posted Under: Company Law |

Internal Financial Controls- A brief introduction

Board of Directors have to confirm that they have laid down IFC and that such IFC are adequate and were operating effectively. Audit Committee Should evaluate IFC and risk management systems. Call on the auditors to comment on IFC....

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Posted Under: Company Law |

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