Companies Act 2013

Shifting of Registered Office of Company from one state to another state

Company Law - A Registered Office of the Company is the official address/correspondent address of a company to which all official letters & reminders will be sent by any person, any government or non-government or regulatory body. In terms of Section 7 of the Companies Act, 2013 (the “Act”), all registered companies are legally required to have...

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DIR-3 KYC Form to Update DIN / KYC of Directors

Company Law - CA would be conducting KYC of all Directors of all companies annually through the e-form DIR-3 KYC. Accordingly, every Director who has been allotted DIN on or before 31st March, 2018 and whose DIN is in Approved status, would be mandatorily required to file form DIR-3 KYC on or before 31st August, 2018....

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Director KYC under Companies Act, 2013 with FAQs

Company Law - Who have to File DIR-3 KYC? Every Director who has been allotted DIN as on or before 31st march of a financial year submits e-form DIR-3KYC with central government....

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Conditions & Manner of providing Exit Options to Dissenting Shareholders

Company Law - A Company is run by Board of Directors and officers of the Company. They have been appointed by Shareholders of the Company. The true owner is the Shareholders of the Company, who have exercise their rights through meeting of members. ...

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Form DIR-3 KYC Filing Rules

Company Law - Every Director who has been allotted DIN on or before 31st day of March, 2018 and whose DIN is in Approved status would be mandatorily required to file form DIR-3 KYC on or before 31st day of August, 2018....

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Mandatory Annual KYC of all Directors of all companies

Company Law - As part of updating its registry, MCA is conducting KYC of all Directors of all companies annually through a new eform viz. DIR-3 KYC . DIR-3 KYC is been notified vide Companies(Appointment and Qualification of Directors) Fourth Amendment Rules, 2018 dated 5th July 2018 and would be made available shortly for filing purposes. While filing...

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ICSI advisory on Additional Fees on Annual Filing of Company Returns

Company Law - The Institute of Company Secretaries of India had in its mail dated 8th May, 2018 communicated the notification of Companies [Registered Office and Fees) Second Amendment Rules, 2018 by the Ministry of Corporate Affairs along with providing relaxation for the Additional Fees payable in the event of delay wherein the due date of filing of ...

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Task Force on Shell Companies identifies 225910 more companies for being struck-off

Company Law - 2nd drive to be launched during the current Financial Year 2018-19 ; a total of 2,25,910 companies identified for being struck-off under section 248 of the Companies Act ...

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Additional fees for Late Filing of Annual ROC Returns to increase to Rs. 100 per day

Company Law - It is proposed to amend shortly, the Companies (Registration Offices and Fees) Rules 2014 to levy additional fee @Rs.100 per day for filings under Section 92 (Annual Return) or 137 (Annual Financial Statement) of the Companies Act, 2013. Once notified, the additional fee @Rs.100 per day (beyond the normal date of filing) shall become paya...

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MCA filed prosecution against 780 listed companies for non filing of Annual Returns

Company Law - Ministry of Corporate Affairs (MCA) has filed prosecution against 780 listed companies under various sections of Companies Act, 2013 due to non-filing of Financial Statements and Annual Returns...

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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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“Liability of Director after Strike off’ and ‘Wound up of Company after Strike off”

Real Time Interactive Media (P.) Ltd V/s Metro Mumbai Infradeveloper (P.) Ltd (Bombay High Court) - In this flash editorial author discusses the provisions of liability of directors after strike off of Company or winding up of Company by tribunal after Struck off in the record of Registrar of Companies....

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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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MCA constitutes Committee to review offences under Companies Act, 2013

F. No. 2/1/2018-CL.V - (13/07/2018) - Ministry of Corporate Affairs (MCA) has constituted a 10 Member Committee, headed by the Secretary of Ministry of Corporate Affairs, for review of the penal provisions in the Companies Act, 2013 may be setup to examine ‘de-criminalisation’ of certain offences....

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Companies (Registration Offices and Fees) Third Amendment Rules, 2018

G.S.R. 616(E) - (05/07/2018) - Fee payable till the 30th April of every financial year in respect of e-form DIR-3 KYC as at the 31st March of immediate previous year.- Nil and Rs. 5000 thereafter...

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Companies (Registration of Charges) Amendment Rules, 2018

G.S.R. 614(E) - (05/07/2018) - A company or charge holder shall within a period of three hundred days from the date of the payment or satisfaction in full of any charge registered under Chapter VI, give intimation of the same to the Registrar in Form No.CHG-4 along with the fee ...

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Companies (Authorised to Register) Second Amendment Rules, 2018

File No. 01/ 4/2016 CL V - (05/07/2018) - These rules may be called the Companies (Authorised to Register) Second Amendment Rules, 2018. They shall come into force with effect from 15th August 2018....

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Companies (Appointment and Qualification of Directors) fourth Amendment Rules, 2018

F.No. 01/22/2013 CL-V (Pt-III) - (05/07/2018) - The de-activated DIN shall be re-activated only after e-form DIR-3-KYC is filed along with fee as prescribed under Companies (Registration Offices and Fees) Rules, 2014....

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Recent Posts in "Companies Act 2013"

Shifting of Registered Office of Company from one state to another state

A Registered Office of the Company is the official address/correspondent address of a company to which all official letters & reminders will be sent by any person, any government or non-government or regulatory body. In terms of Section 7 of the Companies Act, 2013 (the “Act”), all registered companies are legally required to have...

Read More
Posted Under: Company Law |

DIR-3 KYC Form to Update DIN / KYC of Directors

CA would be conducting KYC of all Directors of all companies annually through the e-form DIR-3 KYC. Accordingly, every Director who has been allotted DIN on or before 31st March, 2018 and whose DIN is in Approved status, would be mandatorily required to file form DIR-3 KYC on or before 31st August, 2018....

Read More
Posted Under: Company Law |

Director KYC under Companies Act, 2013 with FAQs

Who have to File DIR-3 KYC? Every Director who has been allotted DIN as on or before 31st march of a financial year submits e-form DIR-3KYC with central government....

Read More
Posted Under: Company Law |

Conditions & Manner of providing Exit Options to Dissenting Shareholders

A Company is run by Board of Directors and officers of the Company. They have been appointed by Shareholders of the Company. The true owner is the Shareholders of the Company, who have exercise their rights through meeting of members. ...

Read More
Posted Under: Company Law |

Form DIR-3 KYC Filing Rules

Every Director who has been allotted DIN on or before 31st day of March, 2018 and whose DIN is in Approved status would be mandatorily required to file form DIR-3 KYC on or before 31st day of August, 2018....

Read More
Posted Under: Company Law |

All about Form DIR-3 KYC

Ministry of Corporate Affairs (MCA) in order to update its registry is conducting KNOW YOUR CLIENT (KYC) of all the Directors of all Companies annually through a form viz. DIR-3 KYC. Accordingly, MCA has notified Companies (Appointment and Qualification of Directors) fourth Amendment Rules, 2018 and a new rule 12A has been inserted to pr...

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Posted Under: Company Law |

Removal of Directors Disqualification without Revival of Company

The drastic step of Mass Disqualification of Directors and deactivation of DINs by ROC has left the whole Industry flabbergasted and startled. This is not a road block but a beginning in the line with Compliance module. Directors are being provided with various opportunities to get their Disqualification Removed and DIN Restored even if t...

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Posted Under: Company Law |

Declaration By Beneficial & Significant Beneficial Owners Section 89 & 90 of Companies Act 2013

This write up is prepared in regards to the newly introduced/ substituted provisions under the Companies Act, 2013 (herein referred thereafter ‘the Act’) i.e. Section-90 (Register of significant Beneficial Owners in a Company) herein enforced[1] and the Companies (Beneficial Interest and Significant Beneficial Interest) Rules, 2018 (...

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Posted Under: Company Law |

Cyrus Mistry-Tatas feud: Rights of Minority shareholders compromised??

NCLT, Mumbai Bench dismissed the petition filed by Cyrus Mistry who incidentally owns about 18.3% (including preference capital) of Tata Sons Limited. NCLT ruled that Tata Sons Limited has all the rights to remove its Executive Chairman and NCLT found no merit in Mistry’s  allegations of operational mismanagement and oppression of mino...

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Posted Under: Company Law |

All about e-Form DIR 3- KYC

Introduction To E-Form DIR 3- KYC- MCA vide Notification dated 5thJuly, 2018 has amended Companies (Appointment and Qualification of Directors) Rules, 2014 by inserting Rule 12A and made Directors KYC mandatory which is effective from 10th July 2018....

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Posted Under: Company Law |
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