Companies Act 2013

Section 185 re modified by Companies Amendment Act, 2017

Corporate Law - This article tries to give brief understanding of the provisions of section 185 as modified by the Companies Amendment Act, 2017...

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Key points while filing petition/application before NCLT court

Corporate Law - As we all knows that Central Government notified NCLT Rules, 2016 on 21st of July, 2016 through notification in the official gazette. The provisions specify the professionals i.e., Company Secretaries, Chartered Accountants and Advocates who can practice before the NCLT or NCLAT....

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Striking Off the Name of the Company

Corporate Law - Applicable Section & Rules [Section 248 to 252]: Section 248 – Striking off the name of the Company by the Registrar Section 248(1) Deals with Compulsory Strike-off by the Registrar Section 248 (2) Deals with the Voluntary Strike-off by the Company Section 249 to 252 – Restrictions and Appeal to tribunal The above mentioned Sectio...

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Companies Amendment Act, 2017 – Simplified

Corporate Law - Most of the Sections of the COMPANIES AMENDMENT ACT, 2017 are NOW APPLICABLE. In this Article the Author has made an attempt to SIMPLIFY the TOP 23 NEW & AMENDED Provisions of the Companies Act, 2013 by the COMPANIES AMENDMENT ACT, 2017....

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Persons from whom a Private Limited Company may borrow funds

Corporate Law - The table below outlines the entities or persons from whom a Private Limited Company may borrow funds. Director is Allowed, provided a declaration is furnished by the director that the amount has not been given out of funds acquired by him by borrowing or accepting loans or deposits from others...

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Draft Companies (Beneficial Interest and Significant Beneficial Interest) Rules, 2018

Corporate Law - In exercise of the powers conferred by Section 89 and Section 90, read with sub-section (1) of section 469, of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules...

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Draft Companies (Prospectus and allotment of Securities) Amendment Rules, 2018

Corporate Law - Suggestions/ comments on the draft rules along with justifications in brief may be sent latest by 07.03.2018 through email at comments pvt.place@mca.gov.in It is requested that the name, contact number, email address and postal address of the sender be indicated clearly at the time of sending suggestions/comments in the following format...

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Most disqualified directors were directors of Struck off companies

Corporate Law - 3,09,619 Directors were disqualified under Section 164(2)(a) read with Section 167 of the Companies Act, 2013 for non-filing of Financial Statements or Annual Returns for a continuous period of immediately preceding 3(three) financial years (2013-14, 2014-15 & 2015-16). Out of the above mentioned disqualified directors, 2,10,116 number of...

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MCA introduces RUN Services & Zero fee for Company incorporation with authorized capital upto Rs. 10 lakh

Corporate Law - Stakeholders may kindly note that a new web service RUN (Reserve Unique Name) for reserving ‘name of proposed company and for changing name of existing company will be launched w.e.f. 26th January 2018. ...

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MCA ‘reactivated’ DINs of disqualified Directors

Corporate Law - Stakeholders of Condonation of Delay Scheme (CODS) (notified vide General Circular No.16/2017 dated 29th December 2017) may kindly note that the process for ‘reactivation’ of the DINs in respect of disqualified Directors has been completed and the status of the relevant DINs can be checked now. Stakeholders are therefore requested to ...

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HC allows disqualified director in a Strike off Company to avail CODS 2018

Raman Nanda Vs. Union Of India And Ors. (Delhi High Court) - Admittedly,Company is not carrying out any businesss and its bank account has not been operated for over three years, petitioner ought to be provided benefit of CODS - 2018. ...

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Ensure wide publicity to Condonation of Delay Scheme, 2018: Delhi HC

Shikha Pahuja Vs. Ministry Of Corporate Affairs And Anr. (Delhi High Court) - In a recent ruling, the Delhi High Court directed that the Condonation of Delay Scheme on its official website with a view to ensure that wide publicity is given to the scheme. ...

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Time to file Appeal in NCLAT against Order of Adjudicating Authority

Amod Amladi V/s. Mrs. Sayali Rane & Anr. (NCLAT Delhi) - Article discusses Time Period for Filing of Appeal in National Company Law Appellate Tribunal (NCLAT) against the order of adjudicating authority in the light of Section 62(2) of Insolvency and Bankruptcy Code, 2016 and NCLAT Judgments in the case of Steam Amod Amladi V/s. Mrs. Sayali Rane & Anr and...

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Perusal of Pending Proceeding before HC after declaration of Moratorium in IBC, 2016

Steamline Industries Ltd Vs. Tecpro Systems Ltd (NCLAT Delhi) - In this editorial author discusses Judgment National Company Law Appellate Tribunal (NCLAT) in the case of Steamline Industries Ltd Vs. Tecpro Systems Ltd with reference to Section 14(1)(a) and 238 of the nsolvency and Bankruptcy Code, 2016 (IBC, 2016) on the issue Whether Pending Proceeding before...

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Whether POA Holder Can File Application Under IBC, 2016

Shriram EPC Limited Vs. Rio Glass Solar SA (NCLAT Delhi) - The 'I&B Code' is a complete Code by itself. The provision of the Power of Attorney Act, 1882 cannot override the specific provision of a statute which requires that a particular act should be done by a person in the manner as prescribed thereunder. Therefore, we hold that a 'Power of Attorney Hold...

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Companies (Authorised to Register ) Amendment Rules, 2018

G.S.R_(E) - (16/02/2018) - These rules may be called the Companies (Authorised to Register) Amendment Rules, 2018. In the Companies (Authorised to Register) Rules, 2014, for Form No.URC-1, the following Form No. URC-1 shall be substituted...

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Companies (Management and Administration) Amendment Rules, 2018

G.S.R... (E).- - (16/02/2018) - These rules may be called the Companies (Management and Administration) Amendment Rules, 2018. Form No. MGT-6 and Form No. MGT-15 shall be substituted, ...

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Companies (Audit and Auditors) Amendment Rules, 2018

G.S.R_(E) - (16/02/2018) - 1. (1) These rules may be called the Companies (Audit and Auditors) Amendment Rules, 2018. (2)They shall come into force on the date of their publication in the Official Gazette. 2. In the Companies (Audit and Auditors) Rules, 2014, in the Annexure, for Forms ADT-1 and ADT-2, the following forms sha...

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Applicability of various section of Companies (Amendment) Act 2017 wef 09.02.2018

S.O. ..(E) - (09/02/2018) - Central Government hereby appoints the 09 February, 2018 as the date on which the following provisions of the Companies (Amendment) Act 2017 shall come into force, namely :-...

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Companies (Registered Valuers and Valuation) Amendment Rules, 2018

G.S.R.......(E) - (09/02/2018) - Central Government hereby amends Companies (Registered Valuers and Valuation) Rules, 2017. These rules may be called Companies (Registered Valuers and Valuation) Amendment Rules, 2018....

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Recent Posts in "Companies Act 2013"

Section 185 re modified by Companies Amendment Act, 2017

This article tries to give brief understanding of the provisions of section 185 as modified by the Companies Amendment Act, 2017...

Read More
Posted Under: Company Law |

Key points while filing petition/application before NCLT court

As we all knows that Central Government notified NCLT Rules, 2016 on 21st of July, 2016 through notification in the official gazette. The provisions specify the professionals i.e., Company Secretaries, Chartered Accountants and Advocates who can practice before the NCLT or NCLAT....

Read More
Posted Under: Company Law |

Striking Off the Name of the Company

Applicable Section & Rules [Section 248 to 252]: Section 248 – Striking off the name of the Company by the Registrar Section 248(1) Deals with Compulsory Strike-off by the Registrar Section 248 (2) Deals with the Voluntary Strike-off by the Company Section 249 to 252 – Restrictions and Appeal to tribunal The above mentioned Sectio...

Read More
Posted Under: Company Law |

Companies Amendment Act, 2017 – Simplified

Most of the Sections of the COMPANIES AMENDMENT ACT, 2017 are NOW APPLICABLE. In this Article the Author has made an attempt to SIMPLIFY the TOP 23 NEW & AMENDED Provisions of the Companies Act, 2013 by the COMPANIES AMENDMENT ACT, 2017....

Read More
Posted Under: Company Law |

Persons from whom a Private Limited Company may borrow funds

The table below outlines the entities or persons from whom a Private Limited Company may borrow funds. Director is Allowed, provided a declaration is furnished by the director that the amount has not been given out of funds acquired by him by borrowing or accepting loans or deposits from others...

Read More
Posted Under: Company Law |

Analysis of 34 Exemptions provided to Government Companies

The below mentioned exemptions can only be availed by a Government Company which has not defaulted in filing its Financial Statements or Annual Return with the Registrar...

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Posted Under: Company Law |

Process to Issue of Preference Shares under Companies Act, 2013

Preference Share with reference to any Company limited by shares means that part of the issued share capital which carries or would carry preferential right with respect to:- Payment of dividend either fixed or calculated at fixed rate. Repayment in case of winding-up or repayment of capital. Section 55 of Companies Act, 2013 read with [&...

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Posted Under: Company Law |

Companies (Authorised to Register ) Amendment Rules, 2018

G.S.R_(E) (16/02/2018)

These rules may be called the Companies (Authorised to Register) Amendment Rules, 2018. In the Companies (Authorised to Register) Rules, 2014, for Form No.URC-1, the following Form No. URC-1 shall be substituted...

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Companies (Management and Administration) Amendment Rules, 2018

G.S.R... (E).- (16/02/2018)

These rules may be called the Companies (Management and Administration) Amendment Rules, 2018. Form No. MGT-6 and Form No. MGT-15 shall be substituted, ...

Read More

Companies (Audit and Auditors) Amendment Rules, 2018

G.S.R_(E) (16/02/2018)

1. (1) These rules may be called the Companies (Audit and Auditors) Amendment Rules, 2018. (2)They shall come into force on the date of their publication in the Official Gazette. 2. In the Companies (Audit and Auditors) Rules, 2014, in the Annexure, for Forms ADT-1 and ADT-2, the following forms shall be substituted, namely:-...

Read More
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