Companies Act 2013

Form DPT 3- What is it, who should file it and due date of filing?

Company Law - What is Form DPT 3, who should file it and due date of filing Form DPT 3 In order to safeguard the interest of deposit holders or creditors of the Company, the Central Government in consultation with the Reserve Bank of India (RBI) notified in the Companies (Acceptance of Deposits) Amendment Rules, 2019 to amend the Companies (Acceptan...

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Postal Ballot Provisions

Company Law - Postal Ballot- Applicable Provisions: ♠ Sec 110 of Companies Act,2013 ♠ Rule 20 and 22 of Companies (Management and Administration) Rules, 2014 ♠ SS-2 (Secretarial Standard on General Meeting) ♠ SEBI (LODR) Regulation, 2015 Meaning: Postal Ballot means voting by ballot, post or through electronic means. Applicability: It applies o...

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Compliances of Nidhi Company

Company Law - As per the provisions of the section 406(1) of the Companies Act, 2013, ‘Nidhi Company’ 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’. Af...

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Format of Request letter to creditors to Confirm MSME status

Company Law - Request Letter Sub: To confirm whether your enterprise is Micro or Small Enterprise or not under the Micro, Small and Medium Enterprise Development Act, 2006. Dear Sir/Madam, With reference to the MCA Notification, dated 22nd January, 2019, all companies, who get supplies of goods or services from Micro and Small Enterprises and whose pay...

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Common Seal of Company

Company Law - In today’s post I will enlighten all the learned professionals about the common seal of the company, what importance does it hold and whether its compulsory to have common seal or not,Why is common seal required, How is common seal affixed, Documents on Which Common Seal is Mandatory, Register and Custody of Common Seal and […]...

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MCA permit re-filing of ADT-1 to facilitate filing of e-form ACTIVE

Company Law - Based on feedback received from stakeholders who were unable to file e-form ACTIVE as they had filed ADT-1 forms for appointment of auditors for the period from 2014-15 to 2018-19 as an attachment with GNL-2 e-form during the period from 01/04/2014 to 20/10/2014 (due to non-availability of e-form ADT-1 during that period), it has now [&he...

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Last date to file form ADT-1 without fee till 15.06.2019

Company Law - Circular issued by MCA for waiver off of fees for filing Form ADT-1 by the companies which have filed Form GNL-2 during the period from 1st April, 2014 to 20th October, 2014 for appointment of auditors.  The Ministry of Corporate Affairs has issued a clarification wherein it has been mentioned that the companies which have […]...

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Defer due date of form INC-22A and DIR- 3

Company Law - Federation Of All India Vyapar Mandal requested Ministry of Corporate Affairs that to facilitate small and startups who are willing to carry on their businesses in organized sector, it is further requested that the form INC-22A last date of which is 25th April and DIR- 3 last date of which is 30th April, may kindly […]...

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Remove Certification by CA / CS, Merge Returns in Annual return: Commerce Ministry to MCA

Company Law - The association has cited difficulties in filing number of mandatory returns under the Companies Act, -2013 and proposed following suggestions:-i. Doing away with the requirement of verification by a Chartered Accountant or Company Secretary in filing of returns under Companies Act, 2013 and introducing the practice of self-certification...

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Consider extension of last date of filing Form BEN-I: ICSI

Company Law - The due date for the filing of Form BEN-1 is 9th May, 2019 and that of Form BEN-2 is within 30 days of receipt of declaration in Form BEN-1 However, the said e-forms Form BEN-1 and BEN-2, have not yet been made available on the MCA website is leading to practical difficulties for companies in […]...

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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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Rule 3(2) of Companies (Registered Valuers & Valuation) Rules is constitutionally valid: Delhi HC

Cushman And Wakefield India Private Limited Vs Union of India & Anr (Delhi High Court) - Cushman And Wakefield India Private Limited Vs Union of India & Anr (Delhi High Court) The issue which falls for consideration is in a very narrow compass, whether a company, other than a subsidiary company, joint venture or associate of other company forms a separate class for the purpose of el...

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NCLT bars CA for issuing false Audit certificate relating to financials

Union of India Vs Mr. Mukesh Maneklal Choksi (NCLT) - Union of India Vs Mr. Mukesh Maneklal Choksi (National Company Law Tribunal, Mumbai Bench) Since Respondent No 1, Mr Mukesh Maneklal Choksi, Statutory Auditor , colluded with the Chairman/Director of R-2 company and has given a false Audit certificate relating to the Profit & Loss Account and Ba...

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Directors of company required to file e-form ACTIVE: MCA

F. No. 1/22/2013-CL-V [G.S.R. 368(E)] - (16/05/2019) - Companies (Appointment and Qualification of Directors) Second Amendment Rules, 2019 Rule 12B. Directors of company required to file e-form ACTIVE.- (1) Where a company governed by Rule 25A of the Companies (Incorporation) Rules, 2014, fails to file the e-form ACTIVE within the period specified there...

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Clarification for form ADT-1 filed through GNL-2

General Circular No. 06/2019 - (13/05/2019) - Companies which had filed Form no. ADT-1 through GNI,-2 as an attachment (by selecting 'others') during the period from 01.04.2014 to 20.10.2014 may file e-form no. ADT- 1 for appointment of Auditor for the period upto 31.03.2019 without fee, till 15.06.2019....

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Companies (Incorporation) Fifth Amendment Rules, 2019- Name Approval Rules

G.S.R......... (E) - (10/05/2019) - Names which. resemble too nearly with name of 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-...

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Remove Certification by CA / CS, Merge Returns in Annual return: Commerce Ministry to MCA

D.O. No. P-25020/4/2019-BE-I - (08/05/2019) - The association has cited difficulties in filing number of mandatory returns under the Companies Act, -2013 and proposed following suggestions:-i. Doing away with the requirement of verification by a Chartered Accountant or Company Secretary in filing of returns under Companies Act, 2013 and introd...

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National Company Law Tribunal (Second Amendment) Rules, 2019

G.S.R.351(E) - (08/05/2019) - MCA notifies National Company Law Tribunal (Second Amendment) Rules, 2019 vide Notification dated 08th May, 2019 and inserts sub-rule (3) & (4) to rule 84 of National Company Law Tribunal Rules, 2016....

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Recent Posts in "Companies Act 2013"

Form DPT 3- What is it, who should file it and due date of filing?

What is Form DPT 3, who should file it and due date of filing Form DPT 3 In order to safeguard the interest of deposit holders or creditors of the Company, the Central Government in consultation with the Reserve Bank of India (RBI) notified in the Companies (Acceptance of Deposits) Amendment Rules, 2019 to amend the Companies (Acceptan...

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Posted Under: Company Law |

MSME FORM I – New Lease of Life for Micro & Small Enterprises

Recently, Ministry of Corporate Affairs has introduced MSME FORM I pursuant to Order 2 & 3 dated 22 January, 2019 issued under Section 405 of the Companies Act, 2013 for furnishing Initial and Half Yearly return with the Registrar of Companies with respect to outstanding payments to Micro or Small enterprises. The intention of introdu...

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Posted Under: Company Law

Postal Ballot Provisions

Postal Ballot- Applicable Provisions: ♠ Sec 110 of Companies Act,2013 ♠ Rule 20 and 22 of Companies (Management and Administration) Rules, 2014 ♠ SS-2 (Secretarial Standard on General Meeting) ♠ SEBI (LODR) Regulation, 2015 Meaning: Postal Ballot means voting by ballot, post or through electronic means. Applicability: It applies o...

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Posted Under: Company Law |

Compliances of Nidhi Company

As per the provisions of the section 406(1) of the Companies Act, 2013, ‘Nidhi Company’ 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’. Af...

Read More
Posted Under: Company Law |

MCA permit re-filing of ADT-1 to facilitate filing of e-form ACTIVE

Based on feedback received from stakeholders who were unable to file e-form ACTIVE as they had filed ADT-1 forms for appointment of auditors for the period from 2014-15 to 2018-19 as an attachment with GNL-2 e-form during the period from 01/04/2014 to 20/10/2014 (due to non-availability of e-form ADT-1 during that period), it has now [&he...

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Posted Under: Company Law |

Directors of company required to file e-form ACTIVE: MCA

F. No. 1/22/2013-CL-V [G.S.R. 368(E)] (16/05/2019)

Companies (Appointment and Qualification of Directors) Second Amendment Rules, 2019 Rule 12B. Directors of company required to file e-form ACTIVE.- (1) Where a company governed by Rule 25A of the Companies (Incorporation) Rules, 2014, fails to file the e-form ACTIVE within the period specified therein, the Director Identification Number (...

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Format of Request letter to creditors to Confirm MSME status

Request Letter Sub: To confirm whether your enterprise is Micro or Small Enterprise or not under the Micro, Small and Medium Enterprise Development Act, 2006. Dear Sir/Madam, With reference to the MCA Notification, dated 22nd January, 2019, all companies, who get supplies of goods or services from Micro and Small Enterprises and whose pay...

Read More
Posted Under: Company Law |

Common Seal of Company

In today’s post I will enlighten all the learned professionals about the common seal of the company, what importance does it hold and whether its compulsory to have common seal or not,Why is common seal required, How is common seal affixed, Documents on Which Common Seal is Mandatory, Register and Custody of Common Seal and […]...

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Posted Under: Company Law |

Procedure To Claim Unpaid/Unclaimed Dividend From IEPF

Any amount transferred to Unpaid Dividend Account of the Company, which is unpaid or unclaimed for more Seven Years shall be transferred along with interest accrued, to Investor Education & Protection Fund. (IEPF) and the company shall send a statement in Form IEPF-1 the details of such transfer to the authority which administers th...

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Posted Under: Company Law |

Form DPT 3 Filing- Compliance requirement

Disclosures on all outstanding receipt of money or loan by a company but not considered as deposits to be filed on or before 29 June,2019 Ministry of Corporate Affairs has notified the revised Form DPT 3 for filling the one-time return containing disclosures on all outstanding receipt of money or loan by a company but […]...

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Posted Under: Company Law |

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