Companies Act 2013 - Page 10

Dormant companies: A detailed analysis

♦ Section – 455: Dormant Company: Sec – 455(1): Where a company is formed and registered under this Act: for a future project or to hold an asset or intellectual property and has no significant accounting transaction, such a company or an inactive company may make: an application to the Registrar for obtaining the status [&helli...

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Posted Under: Company Law |

Highlights of amendments under Companies (Amendment) Bill, 2020

The Companies (Amendment) Bill, 2020 was introduced in Lok Sabha by the Minister for Corporate Affairs, Ms. Nirmala Sitharaman, on March 17, 2020.The Bill get passed by Lok Sabha on Sep 19, 2020 The Union Corporate Affairs Minister Nirmala Sitharaman moved the Companies (Amendment) Bill, 2020 for passing in the Upper House (Rajya Sabha) o...

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Posted Under: Company Law |

Incorporation of Producer Company in India SPICE+

Section 465 of the Companies Act, 2013: All the Sections of Companies Act, 2013 has already been notified till date , except section pertaining to producer Company. The same shall be still govern by chapter IXA of Companies Act, 1956. The Companies (Amendment) Bill, 2020 passed by Lok Sabha mentions to incorporate a new Chapter […]...

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Posted Under: Company Law |

Incorporation of Foreign Subsidiary / Wholly owned Subsidiary (WOS) SPICE+

Process Incorporation of Foreign Subsidiary / Wholly owned Subsidiary (WOS):- To incorporate a Company in India as ‘Subsidiary” or “Wholly owned Subsidiary (WOS)” of a Company incorporated outside India. Information/ Documents required from foreign Company:-  a) Apostille / Notarized copy of resolution of foreign Company ‘menti...

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Posted Under: Company Law |

An Insight into Disqualification of Directors – Section 164

An Insight into Disqualification of Directors under Section 164 of Companies Act, 2013 With the implementation of the Companies Act 2013, the Government of India bought many changes compared to the previous Act of 1956. The new Act had strict provisions for non-complying companies and their directors. If any organisation fails to meet the...

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Posted Under: Company Law |

Extend timelines for Annual filing of OPC due to Covid 19: ICSI

It is requested extend the timelines for annual filing of OPCs upto 31st December, 2020. This will ease the difficulties faced by the OPCs in the time of crisis....

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Posted Under: Company Law |

Applicability of provisos to Section 164(2) & 167(1)(a) – Companies Act, 2013

Whether the provisos to Section 164(2) and Section 167(1)(a) of the Companies Act, 2013 [inserted via the Companies (Amendment) Act, 2018 w.e.f. 07.05.2018] be applicable retrospectively? The aforesaid issue was raised before the Hon’ble Delhi High Court in the matter of Mukut Pathak & Ors. vs Union of India & Anr. In the presen...

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Meaning of expression ‘other company’ | Section 164(2) | Companies Act, 2013

Whether the expression ‘other company’ in Section 164(2) of the Companies Act, 2013 means all other companies except non-defaulting company in which he was already a director? A person who has incurred the disqualification under section 164 (1) of the Companies Act, 2013 (‘the Act, 2013) is not eligible for being appointed a...

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Can ROC deactivate DIN for Section 164(2) disqualification?

Whether ROC has power to deactivate DIN of any person on incurred the disqualification under Section 164(2) of the Companies Act, 2013? Whether, the Director Identification Number (DIN) and Digital Signature Certificate (DSC) of directors that have incurred the disqualification under Section 164(2) of the Companies Act, 2013 can be cancel...

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Posted Under: Company Law |

MCA Guidelines for the Extension of the date to hold AGM

The Ministry of Corporate Affairs (MCA) has announced an extension in the time period to hold the Annual General Meeting taking into account the difficulties created a pandemic situation in the country extended the due date for conducting the Annual General Meeting (AGM) under the provisions of Companies Act 2013. Under the provisions ...

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Posted Under: Company Law |

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