Companies Act 2013

Private Company Registration / Incorporation

CA, CS, CMA - DEFINITION OF THE TERM ‘COMPANY’ Company is defined under section 2(20) of the Companies Act, 2013, which means ‘A Company is registered under any provisions of Companies Act 2013 or any previous Company Law’. Following types of Companies are registered in India: Private Limited Company Public Limited Company One P...

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Conversion of Loan into Equity share Capital of the Company

CA, CS, CMA - Certain advantages for conversion of loan into equity share capital of the Company: No cash exchange occurs in the debt-to-equity swap. Increasing cash flow by decreasing liabilities. Avoidance to paucity of financial resources. Process chart for Conversion of Loan into Equity shares Section 62 (3) of Companies Act, 2013 Phase 1: Importan...

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Person in whose advice, directions or instructions Board of Directors of a company accustomed to act

CA, CS, CMA - It is very much clear that the expression ‘any person in whose advice, direcctions or instructions the Board of Directors of a company accustomed to act’ is of utmost relavance as the expression has been used at various places in the Companies Act, 2013 alongside with Section 2(69) which defines the term ‘Promoter’...

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Significant Beneficial Ownership Decoded

CA, CS, CMA - Soon after the SBO Rules came into effect, stakeholders started facing numerous difficulties in complying with the SBO disclosure norms, which obligated the MCA to revise the reporting norms and representation were made to MCA to issue a new Form altogether....

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Significant Beneficial Owner – Lifting of Corporate Veil!

CA, CS, CMA - On June 14, 2018, MCA issued the Companies (Beneficial Interest and Significant Beneficial Interest) Rules 2018 and enforced section 90 of the Act. On Feb 8, 2019, MCA has notified the revised rules on SBO. The sole objective of these rules is ‘to identify the ultimate beneficial individual or group of individuals who have control or o...

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FAQs on Companies Act, 2013- ICAI e-book

CA, CS, CMA - FREQUENTLY ASKED QUESTIONS ON THE COMPANIES ACT, 2013 (Revised July, 2019 Edition) To keep the members abreast of the frequent developments and also to develop their understanding about the intricacies of various new provisions of the Companies Act, 2013, the Corporate Laws & Corporate Governance Committee (CL&CGC) of the Institut...

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Guidance Note on Division II-Ind As Schedule III to Companies Act, 2013

CA, CS, CMA - ICAI GUIDANCE NOTE ON DIVISION II-IND AS SCHEDULE III TO THE COMPANIES ACT, 2013 (Revised July 2019 Edition) The Government is bringing out several changes in the Companies Act, 2013 from time to time to enhance transparency by way of mandating additional disclosures. Towards the same, the Ministry for Corporate Affairs has issued a Notif...

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Guidance Note on Division I-Non Ind as Schedule III to Companies Act, 2013

CA, CS, CMA - ICAI GUIDANCE NOTE ON DIVISION I-NON IND AS SCHEDULE III TO THE COMPANIES ACT, 2013 (Revised July 2019 Edition) The Division I to the Schedule III of the Companies Act, 2013 lays down the format for preparation of the financial statements by the Companies that are required to comply with Companies (Accounting Standards), Rules, 2006, [&he...

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MCA likely to made available Form BEN-2 w.e.f 2nd July 2019

CA, CS, CMA - Form BEN-2 (Return to the Registrar in respect of declaration under Section 90), is likely to be made available for filing on the portal w.e.f 2nd July 2019. Stakeholders may please take note and plan accordingly keeping in view Ministry’s General Circular No: 07/2018 dated 6th September 2018. FORM NO. BEN-2  is issued Pursuant to [&he...

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Last date of filling up Form NFRA-1 will be 31.07.2019- NFRA

CA, CS, CMA - It is intimated that NFRA-1 Form for intimation of appointment of Auditors to NFRA has been deployed on the website of NFRA (nfra.gov.in) and accordingly the last date of filing the same by the Entities concerned will be 31.07.2019. National Financial Reporting Authority 8th Floor Hindustan Times Building, K.G. Marg New Delhi Ph-011-23355...

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Not to count Voting % of absent Financial Creditors to count voting shares: NCLAT

IDBI Bank Limited Vs Mr. Anuj Jain (National Company Law Appellate Tribunal) - IDBI Bank Limited Vs Mr. Anuj Jain (National Company Law Appellate Tribunal) As the voting is on, which is likely to be completed today by 5.00 p.m., we are not inclined to pass any specific order in the present I.A. No. 1857 of 2019 filed by the ‘IDBI Bank Limited’. After voting the decision if...

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NCLAT order allowing re-opening of books and re-casting of financial statements of IL&FS valid: SC

Hari Sankaran Vs Union of India & amp (Supreme Court of India) - Hari Sankaran Vs Union of India & amp (Supreme Court of India) Civil Appeal No. 3747 of 2019 titled Hari Sankaran vs. Union of India & Others filed by Ex-Director of Infrastructure Leasing & Financial Services Limited before the Apex Court has been dismissed by the Hon’ble Cour...

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Company law not Stipulate any period for completion of Serious Fraud Investigation

Serious Fraud Investigation Office Vs Rahul Modi and Another Etc. (Supreme Court of India) - SFIO Vs Rahul Modi (Supreme Court of India) 1. Leave granted. 2. These Appeals challenge the correctness of the common interim order dated 20.12.2018 passed by the High Court of Delhi at New Delhi in Writ Petition (Crl.) Nos.3842 and 3843 of 2018. 3. In exercise of powers conferred by Section 212(1)...

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Statutory dues for taxes is Operational Debt: NCLAT

Pr. Director General of Income Tax Vs M/s. Synergies Dooray Automotive Ltd. & Ors. (NCLAT, Delhi) - Pr. DGIT Vs M/s. Synergies Dooray Automotive Ltd. & Ors. (NCLAT, Delhi) ‘Operational Debt’ in normal course means a debt arising during the operation of the Company (‘Corporate Debtor’). The ‘goods’ and ‘services’ including employment are required to keep the Company (‘Corporat...

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HC quashes MCA order publishing list of disqualified directors & deactivating DIN

Gaurang Balvantlal Shah S/O Balvantlal Shah Vs Union of India (Gujarat High Court) - MCA order in publishing the list of directors  associated with struck off companies under Section 248 of the Companies Act, 2013 on the Website of MCA, showing the status of assessee as disqualified Directors was not legally tenable as section 164(2) of the Companies Act would take effect only fro...

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Companies (Significant Beneficial Owners) second Amendment Rules, 2019

G.S.R. 466(E). - (01/07/2019) - MCA notifies Companies (Significant Beneficial Owners) second Amendment Rules, 2019 and also notified revised FORM NO. BEN-2 - Return to the Registrar in respect of declaration under section 90....

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Section 81 of Companies (Amendment) Act, 2017 applicable from 15 August 2019

S.O.2269(E) - (01/07/2019) - Central Government hereby appoints the 15 August, 2019 as the date on which the provisions of section 81 of the Companies (Amendment) Act, 2017 shall come into force. Government of India Ministry of Corporate Affairs Notification New Delhi, 01st July, 2019 S.O.2269(E).- In exercise of the powers con...

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Nidhi (Amendment) Rules, 2019

G.S.R.467(E) - (01/07/2019) - Nidhi means a company which has been incorporated as a Nidhi with the object of cultivating the habit of thrift and savings amongst its members, receiving deposits from, and lending to, its members only, for their mutual benefit, and which complies with the rules made by the Central Government for r...

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Last date of filling up Form NFRA-1 will be 31.07.2019- NFRA

No. NF-11/1/2019-0/o Secy-NFRA - (01/07/2019) - It is intimated that NFRA-1 Form for intimation of appointment of Auditors to NFRA has been deployed on the website of NFRA (nfra.gov.in) and accordingly the last date of filing the same by the Entities concerned will be 31.07.2019. National Financial Reporting Authority 8th Floor Hindustan Times Bu...

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DIR-3 KYC: Simplification, Due date Extension- New Updates

General Circular No. 07/2019 - (27/06/2019) - DIR KYC date will be extended (due to non-availability of revised form till date) and method of doing KYC will be updated as under:- 1. If all details of Director are same as on MCA portal, then web-based KYC verification with pre-filled data based on the records in the registry....

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Recent Posts in "Companies Act 2013"

Private Company Registration / Incorporation

DEFINITION OF THE TERM ‘COMPANY’ Company is defined under section 2(20) of the Companies Act, 2013, which means ‘A Company is registered under any provisions of Companies Act 2013 or any previous Company Law’. Following types of Companies are registered in India: Private Limited Company Public Limited Company One P...

Read More
Posted Under: Company Law |

Conversion of Loan into Equity share Capital of the Company

Certain advantages for conversion of loan into equity share capital of the Company: No cash exchange occurs in the debt-to-equity swap. Increasing cash flow by decreasing liabilities. Avoidance to paucity of financial resources. Process chart for Conversion of Loan into Equity shares Section 62 (3) of Companies Act, 2013 Phase 1: Importan...

Read More
Posted Under: Company Law |

Person in whose advice, directions or instructions Board of Directors of a company accustomed to act

It is very much clear that the expression ‘any person in whose advice, direcctions or instructions the Board of Directors of a company accustomed to act’ is of utmost relavance as the expression has been used at various places in the Companies Act, 2013 alongside with Section 2(69) which defines the term ‘Promoter’...

Read More
Posted Under: Company Law |

Significant Beneficial Ownership Decoded

Soon after the SBO Rules came into effect, stakeholders started facing numerous difficulties in complying with the SBO disclosure norms, which obligated the MCA to revise the reporting norms and representation were made to MCA to issue a new Form altogether....

Read More
Posted Under: Company Law |

Significant Beneficial Owner – Lifting of Corporate Veil!

On June 14, 2018, MCA issued the Companies (Beneficial Interest and Significant Beneficial Interest) Rules 2018 and enforced section 90 of the Act. On Feb 8, 2019, MCA has notified the revised rules on SBO. The sole objective of these rules is ‘to identify the ultimate beneficial individual or group of individuals who have control or o...

Read More
Posted Under: Company Law |

Process of appointment of new auditor in place of retiring auditor and giving of special notice thereof

Resolutions requiring special notice- Interpretation of Section 115 with Section 140(4) and 139(9) of Companies Act, 2013 Text of Section 115 of Companies Act, 2013 Resolutions requiring special notice. 115. Where, by any provision contained in this act or in the articles of a company, special notice is required of any resolution, notice ...

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Posted Under: Company Law |

Conversion of Public Company into Private Company: Practice & Procedure

Companies Act, 2013 (Act) provides for conversion of companies from one form to another. One such important conversion is conversion of public company to private company....

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Posted Under: Company Law |

Objective of Section 89 & 90 | Beneficial Interest | Companies Act 2013

OBJECTIVE OF SECTION 89 & 90 OF COMPANIES ACT, 2013 IN RESPECT OF ‘BENEFICIAL INTEREST’ Although both the provisions are based on two concepts ‘beneficial interests’ & ‘beneficial owner’. Both these terms are to be understood in respect of both the Sections and although both sections are based o...

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Posted Under: Company Law |

Who is Significant Beneficial Owner Illustration And FAQ on BEN-2

Calendar of the Events : MCA on 15th February 2018, came out with draft of Companies (Beneficial Interest and Significant Beneficial Interest) Rules 2018. On June 14, 2018, MCA issued the Companies (Beneficial Interest and Significant Beneficial Interest) Rules 2018 and enforced section 90 of the Amendment Act. On Feb 8, 2019, MCA has not...

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Posted Under: Company Law |

Procedure for Conversion of Public Company into Private Company

Over the recent years compliances for public Companies has been increased like transfer of shares into demat forms, allotment of new shares into demat form, etc. and therefore, many closely held companies are getting themselves converted into a private limited. Private limited company is easier to operate, enjoys a set of exemptions and m...

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Posted Under: Company Law |

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