Companies Act 2013 - Page 20

Application by company to ROC for removing its name from Register of Companies

 Governing the eForm e-Form STK-2 is required to be filed pursuant to Section 248(2) of the Companies Act, 2013 and rule 4, 5, 6 & 8 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 which are hereunder for your reference.  Section 248 (2)  Without prejudice to the provisions […]...

Read More
Posted Under: Company Law |

Amendments Through Companies (Amendment) Second Ordinance, 2019

(As also provided in the Companies (Amendment) Bill, 2019) (A) Re-categorising of offences: The list of offences which are re-categorised as defaults carrying civil liabilities which would be subject to an in-house adjudication mechanism, along with the pre-ordinance punishment in each case is as under: Punishment S. No. Section Nature of...

Read More
Posted Under: Company Law |

Procedure for Claiming Unpaid/Unclaimed Dividend From IEPF

As per Section 124 of the Companies Act, 2013, in case a company has declared any dividend but the same has not been claimed within 30 days from the date of declaration, the company shall transfer the total amount of unclaimed dividend to Unclaimed Dividend Account which is opened specifically for this purpose with a scheduled bank. [&h...

Read More
Posted Under: Company Law |

Amendment in section 135 (Corporate Social Responsibility)

Corporate Social Responsibility Every company having net worth of rupees five hundred crore or more, or turnover of rupees one thousand crore or more or a net profit of rupees five crore or more during [the immediately preceding financial year] shall constitute a Corporate Social Responsibility Committee of the Board consisting of three o...

Read More
Posted Under: Company Law |

Post Incorporation Compliances For Private Limited Companies

Article explains Post Incorporation Compliances For Private Limited Companies which includes Compliances under Companies Act, 2013, Compliances under GST Law, Compliances under FEMA, RBI/FDI Reporting and Compliances with DGFT (Director General of Foreign Trade). Part I: Compliances under Companies Act, 2013 ♠ Hold first Board Meeting o...

Read More
Posted Under: Company Law |

Nidhi Company- Meaning, Key Features, advantages & Registration

Nidhi Company is an NBFC (Non-Banking Financial Company). Nidhi in simple terms means a company which is formed with the object of cultivating the habit of thrift and savings amongst the members and receiving deposits from and lending to the members for their mutual benefits. Nidhi Company can be incorporated with a minimum seven members ...

Read More
Posted Under: Company Law |

CSR – Companies Amendment Act, 2019

Companies Amendment Act, 2019– Section 135: Corporate Social Responsibility (CSR) – In-depth Analysis Section 135 has been amended with respect to spending of CSR amount by companies, transfer of unspent amount, penal provisions and power to CG to issue directions. Amendment: Clause (a) in sub-section (5), — (i) after the w...

Read More
Posted Under: Company Law |

Highlights of Companies (Amendment) Bill, 2019

The Companies (Amendment) Bill, 2019 was passed by the Rajya Sabha on the 30th day of July, 2019 and received the Assent of President on 31st July 2019. Earlier the Amendment Bill, 2019 was passed by Lok Sabha on the 27th day of July, 2019. While introducing the Bill in the Lok Sabha, the Hon’ble […]...

Read More

Companies Amendment Act 2019 – New Sections

Companies (Amendment) Ordinance, 2019 and Companies Second (Amendment) Ordinance, 2019 effective from 2nd November 2018 are now part of Companies Amendment Act, 2019. The Act was passed on 31st July 2019 and it has introduced additional amendments in 12 different sections of Companies Act, 2013. As mentioned in the Act, except sections 6,...

Read More
Posted Under: Company Law |

How to Submit DIR-3 KYC WEB

The Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2019 have been notified w.e.f 25th July 2019. As per the said notification: i) eForm DIR-3 KYC is to be filed by an individual who holds DIN and is filing his KYC details for the first time or by the DIN holder who has already filed his […]...

Read More
Posted Under: Company Law |

Key Takeaway of Companies (Amendment) Act, 2019

The Companies (Amendment) Act, 2019 received the assent of the President on the 31st July, 2019. In this article author discusses Key Take Away of Companies Amendment (Act), 2019. Process for Approval of the Companies (Amendment) Act, 2019.     Submission of Report by Committee of Government August, 2018 The Companies (Amendment) Ordina...

Read More
Posted Under: Company Law |

How to Prepare Directors Report as per Companies Act, 2013

The Companies Act, 2013, requires the Board of Directors of every company to attach its report to the financial statements to be laid before the members at the annual general meeting Director Report is very crucial document of a Company. It is is an important means of communication by the Board of Directors of a […]...

Read More
Posted Under: Company Law |

Note on DIR-3 KYC

The Ministry of Corporate Affairs has issued a General Circular No. 07/2019 dated 27TH June, 2019 and has clarified the following: a) Every person who has already filed DIR-3 KYC will only be required to complete his / her KYC through a simple web-based verification service, with pre-filled data based on the records in the registry, ...

Read More
Posted Under: Company Law |

Corporate Social Responsibility Rules Tightened-The Need

The Companies Amendment Bill 2019 seeks to tighten the Corporate Social Responsibility provisions as enumerated under the Section 135 of the Companies Act, 2013 which presently requires certain classes of Companies to shell out 2% of the average net profits of the Company for the three immediate preceding years towards CSR spending. The p...

Read More
Posted Under: Company Law |

FM warns strictest action for not following Company Law Provisions

Smt. Nirmala Sitharaman- Minister of Finance and Corporate Affairs moves the Companies (Amendment) Bill, 2019 for consideration in the Rajya Sabha. She replies to the debate on Companies (Amendment) Bill, 2019 in the Rajya Sabha. Gandhiji’s trusteeship principle is with which profit-making can not be devoid of social responsibility. The...

Read More
Posted Under: Company Law |

Companies (Amendment) Act, 2019

Notification No. 22 of 2019 (31/07/2019)

(1) This Act may be called the Companies (Amendment) Act, 2019. (2) The provisions of this Act, except sections 6, 7 and 8, clauses (i), (iii) and clause (iv) of section 14, sections 20 and 21, section 31, sections 33, 34 and 35, sections 37 and 38 shall be deemed to have come into force on the 2nd day of November, 2018....

Read More

Corporate Compliance Calendar for the Month of August, 2019

This article contains various Compliance requirements under Statutory Laws for the Month of August, 2019. Compliance means adhering to rules and regulations. Article contains Compliance Requirement Under Income Tax Act, 1961, Goods & Services Tax Act, 2017 (GST), Other Statutory Laws, Foreign Exchange Management Act, 1999 (FEMA), SEBI...

Read More
Posted Under: Company Law |

Filing of E-form DIR-3-KYC and WEB Service DIR-3-KYC

i. e-Form DIR-3 KYC is to be filed by an individual who holds DIN and is filing his KYC details for the first time OR ii. By the DIN holder who has already filed his KYC once in e-form DIR-3 KYC but wants to update his details....

Read More
Posted Under: Company Law |

Nidhi Small State Bank

Nidhi means ‘TREASURE’ The main business of Nidhis, viz. borrowing from members by way of Fixed Deposits and Recurring Deposits, providing locker facility and lending to members only, are known under different names such as Nidhi, Permanent Fund, Benefit Funds, Mutual Benefit Funds and Mutual Benefit Company. The concept of Ni...

Read More
Posted Under: Company Law |

An Insight to Companies (Significant Beneficial Ownership) Amendment Rules, 2019

Significant beneficial owner, in relation to a reporting company means an individual referred to in   sub -section (1) of section 90, who acting alone or, together, or through one or more persons or trust, possesses one or more of the following rights or entitlements in such reporting company, namely: (i) Holds indirectly, or together w...

Read More
Posted Under: Company Law |

Checklist for Annual General Meeting and AGM notice format

All companies registered in India other than a One Person Company is required to hold an annual general meeting each year in addition to other General Meeting. There should not be a gap of more than 15 months between one Annual General Meeting and the next and one meeting should be held in each of the calendar […]...

Read More
Posted Under: Company Law |

All about Dormant Company: Meaning, Compliance, Process

Article explains Concept of Dormant Company, What is Dormant Company?,  Prior Conditions for Dormant Status, Compliance maintained by Dormant Company, Application for obtaining status of dormant company and Application for obtaining status of active from dormant. Concept of Dormant Company Whenever a company is not doing any business act...

Read More
Posted Under: Company Law |

Steps of Filing of DIR-3 KYC

MCA has issued Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2019. Provisions of the Law: 1. WEB Service- DIR-3 KYC: Web based e-form DIR-3 KYC shall be used by the DIN holder who has submitted DIR-3 KYC e-form in the previous financial year and no update is required in his details. 2. E-form DIR-3 [&helli...

Read More
Posted Under: Company Law |

Draft Directors Report of One Person Company & Small Company

The Board’s Report of One Person Company shall be prepared based on the STANDALONE FINANCIAL STATEMENT of the company, which shall be in abridged form and contain the following:- Dear Members, XYZ PRIVATE LIMITED Your Directors have pleasure in presenting the (No. of AGM) Annual Report together with the Audited Statement of Accounts o...

Read More
Posted Under: Company Law |

Enforceability of Shareholder’s Agreement -A hard nut to crack

What is a Shareholder’s Agreement? A Shareholder’s Agreement (SHA) is contractual arrangement inter-se the shareholders of a company and has gained huge popularity in a way that these agreements are specifically drafted to provide specific rights, impose definite restrictions over and above those provided by the Companies Act,...

Read More
Posted Under: Company Law |

DIR 3 KYC Web Based Compliance

Ministry of Corporate Affairs issued Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2019 have been notified w.e.f 25th July 2019. Accordingly, as per the said rules, all Directors who have been allotted Director Identification Number (DIN) are required to be file Form DIR-3 KYC. 1. Applicability As per the s...

Read More
Posted Under: Company Law |

Filing of DIR-3 KYC/ DIR-3-KYC-WEB

The Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2019 have been notified w.e.f 25th July 2019 which says as under: a) DIR-3 KYC is to be filed under 2 cases:- i) An indivudal who holds DIN and is filing his/her KYC details for the first time, or ii) By the DIN holder who […]...

Read More
Posted Under: Company Law |

Companies may face penalty for not meeting CSR spending

Companies may face penalty for not meeting CSR spending Hello friends, greetings for the day in the current article we will discuss about “Corporate Social responsibility” and impact of Companies (Amendment) Bill,2019 which seeks to introduce penalty, imprisonment(Officer in default) for not meeting CSR spend targets. The lok sabha on...

Read More
Posted Under: Company Law |

DIR-3 KYC: Mandatory compliance for DIN holders

DIR-3 KYC : mandatory compliance for DIN holders (An Analysis Of MCA Circulars, Notification, Laws And Regulation, E-Forms Etc.) ♠ Attention: MCA (Ministry of Corporate Affairs) has recently issued Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2019 and The Companies (Registration Offices and Fees) Fourth ...

Read More
Posted Under: Company Law |

Note on filing of Form DIR-3 KYC

This is to inform you that MCA has vide its notification dated 25th July, 2019, mandated the filing of e-Form DIR – 3 KYC for the following – 1. For Individuals to whom DIN was allotted on or before 31st March, 2018 and who have filed the said form earlier: a. If there is no change […]...

Read More
Posted Under: Company Law |

Changes in Rules related to filing of DIR-3-KYC

The Companies (Appointment and Qualification of Directors) Rules, 2014 has been amended as per the notification dated 25th July,2019. These rules are called Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2019 and has brought about some changes in the Directors KYC filing. CHANGE IN RULE 11 Earlier in Rule 11...

Read More
Posted Under: Company Law |

Web Based DIR-3 KYC 2019

The Ministry of Corporate Affairs has recently notified the amended Companies (Appointment and Qualifications of Directors) Rules, 2014 w.e.f. 25th July, 2019.  Accordingly, as per the said rules, all Directors who have been allotted Director Identification Number (DIN) are required to be file Form DIR-3 KYC. Earlier, it was expected tha...

Read More
Posted Under: Company Law |

Shifting of Registered office From one State To Another

There might be a situation when a Company wants to shift its registered office from one state to another for various reasons such as change of core activities of the Company, majority of senior management located in the state other than registered office, etc. In such a situation, the Company has to pass special resolution […]...

Read More
Posted Under: Company Law |

DIR-3 KYC filing made Easy

DIR-3 KYC can now be filed on or before 30th September of the immediate next financial year as compared to 30th June, previously. Government is kind enough not to take any fees for the compliant loving persons, but if DIR-3 KYC can not be filed till 30th September also, then there is a late filing fees of Rs.5000/-....

Read More
Posted Under: Company Law |

Time limit for filing e-form No. BEN-2 extended upto 30.09.2019

General Circular No. 08/2019 (29/07/2019)

Time limit for filing e-form No. BEN-2 is extended upto 30.09.2019 without payment of additional fee and thereafter fee and additional fee shall be payable. General Circular No. 08/2019 F. No. 01/01/2018-CL-V GOVERNMENT OF INDIA MINISTRY OF CORPORATE AFFAIRS 5th Floor, ‘A’ Wing Shastri Bhawan, Dr. R.P. Road, New Delhi Dated: the 29th ...

Read More

Companies (Amendment) Bill, 2019 [A stride to tighten Corporate Governance]

The Companies (Amendment) Bill, 2019 was introduced in the Lok Sabha on Thursday, July 25, 2019 by the Minister of Finance, Ms. Nirmala Sitharaman, which seeks to tighten corporate social responsibility compliance, reduce the load of cases on the National Company Law Tribunal (NCLT) and other amendments to the Companies Act, 2013....

Read More
Posted Under: Company Law |

DIR 3 KYC WEB Based – Due Date, Fees and who needs to file

E-Form DIR-3 KYC is to be filed by an individual who holds Director Identification Number (“DIN”) or Designated Partner Identification Number (“DPIN”) and is filing his KYC details for the first time or by the DIN/DPIN holder who has already filed his KYC once in E-form DIR-3 KYC but wants to update his details....

Read More
Posted Under: Company Law |

Compliance Overview For Private Limited Companies

Private Limited Company: Private Limited Company is defined under Section 2(68) of the Companies Act, 2013 . It Means a company which by its articles : (i) restricts the right to transfer its shares; (ii) except in case of One Person Company, limits the number of its members to two hundred: Provided that where two […]...

Read More
Posted Under: Company Law |

DIR-3 KYC And DIR-3 KYC-Web Annual Compliance For Din Holders

To simplify the procedure for complying with the DIN KYC norms ministry has introduced the concept of DIR-3 KYC-WEB on 25th July 2019. In this service, data is pre-filled and user has to fill OTP sent on registered mobile no and email id....

Read More
Posted Under: Company Law |

Board Resolution for Significant Beneficial Owners (SBO)

The Companies (Significant Beneficial Owners) Rule 2019 replaces the provisions of the  Companies (Significant Beneficial Owners) Rule 2018. It has further introduced Rule 2A which bestows responsibility upon the Reporting Company to find out about the SBO, identify the individual and cause such individual to make a declaration to the R...

Read More
Posted Under: Company Law |

Compliance Change in DIR3 KYC NORMS

MCA wef 25.07.2019 has brought changes in Companies (Appointment and Qualifications of Directors) Rules, 2014 by amending it for the third time in year 2019. The salient features of the amendment are: 1. A new E-form DIR-3 KYC WEB is been introduced which needs to be filled in by every Director who has already filed […]...

Read More
Posted Under: Company Law |

All About Form No. BEN-2

All About Form No. BEN-2 To identify the real acting person behind the curtains As we all the aware that the Amendment to Section 89 and insertion of Section 90 are the key amendments made by the Companies (Amendment) Act, 2017 (‘Amendment Act’). Enforced w.e.f. June 14, 2018 and Companies (Significant Beneficial Owners) Rules, 2018 [...

Read More
Posted Under: Company Law |

DIR-3 e KYC 2019 : Web based e-DIN-KYC

The Ministry Of Corporate Affairs Has Issued A General Circular No. 07/2019 Dated: 27.06.2019 And Has Clarified The Following: Every Person Who Has Already Filed DIR-3 KYC Will Only Be Required To Complete His/hers KYC Through A Simple Web-Based Verification Service, With Pre-Filled Data Based On The Records In The Registry, For Ease Of...

Read More
Posted Under: Company Law |

How to submit DIR 3 KYC WEB Based

Ministry of Corporate Affairs issued Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2019 have been notified w.e.f 25th July 2019. As per the said notification: i) e Form DIR-3 KYC is to be filed by an individual who holds DIN and is filing his KYC details for the first time or by the […]...

Read More

Companies (Amendment) Bill, 2019 – Key Takeaways!

Through this write-up, an attempt has been made to capture and provide an insight of the amendments as contained in Companies (Amendment) Bill, 2019, which are in addition to the amendments proposed by the Second Ordinance 2019....

Read More
Posted Under: Company Law |

Key Highlights on DIR-3 KYC

The Ministry of Corporate Affairs has amended Companies (Appointment and Qualification of Directors) Rules, 2014 vide notification dated 25th July 2019 Key summary for your reference. 1. E-Form DIR-3 KYC is to be filed by an individual who holds Director Identification Number (“DIN”) or Designated Partner Identification Number (...

Read More
Posted Under: Company Law |

Disqualification of Directors

Article explains Reasons for : Striking Off Companies & Disqualifying Directors, Circumstances Under Which A Director is Disqualified, Consequences of Disqualification and Remedies Available For Removal Of Disqualification. THE BOMBAY HC HAS TAGGED ALONG ALL THE PENDING WRIT PETITIONS WITH RESPECT TO DISQUALIFICATION & PLACED THEM...

Read More
Posted Under: Company Law |

DIR-3 KYC / DIR-3-KYC-WEB – What you should know

Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2019 have been notified w.e.f 25th July 2019 EFORM DIR-3 KYC applicable in two cases: Case 1: Where the individual who holds DIN and is filing his KYC details for the first time Case 2: Where the individual DIN holder who has already filed his KYC […]...

Read More
Posted Under: Company Law |

Introduction of DIR-3 KYC WEB

Every individual who holds a Director Identification Number (DIN) as on 31st March of a financial year as per these rules shall, submit e-form DIR-3-KYC for the said financial year to the Central Government on or before 30th September of immediate next financial year....

Read More
Posted Under: Company Law |

Key Changes proposed in Companies (Amendment) Bill, 2019,

Key Changes proposed in the Companies (Amendment) Bill, 2019, which are in addition to the changes made though Ordinance w.e.f. 02.11.2018 1. Section 26– Matters to be stated in prospectus The requirement of registration of prospectus to be replaced with filing of prospectus with the Registrar. 2. Section 29 – Public offer of ...

Read More
Posted Under: Company Law |

Lok Sabha approves new Companies (Amendment) Bill, 2019

Bill No. 189-C of 2019 (26/07/2019)

AS PASSED BY LOK SABHA ON 26.07.2019 Bill No. 189-C of 2019 THE COMPANIES (AMENDMENT) BILL, 2019 A BILL further to amend the Companies Act, 2013. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. Short title and commencement. (1) This Act may be called the Companies […]...

Read More

Analysis of SBO (Significant Beneficial Owners) Rules

Analysis of SBO (Significant Beneficial Owners) Rules (Applicability, Amendments, E-forms, Definitions, , Penal Provisions etc.) Attention (Dont’s miss the deadline 31.07.2019): Form BEN-2 (Return to the Registrar in respect of declaration under Section 90) notified vide the Companies (Significant Beneficial Owners) second Amendment Rul...

Read More
Posted Under: Company Law |

Insight on Companies (Amendment) Ordinance, 2019, as introduced in Lok Sabha

Companies (Amendment) Ordinance, 2019 (Bill) is introduced to replace the second ordinance. Earlier, a bill to replace the first ordinance, the bill which passed in Lok Sabha in January 4, 2019 and which could not get through in Rajya Sabha, and hence the second ordinance was promulgated in February 21, 2019....

Read More
Posted Under: Company Law |

MCA Updates on eForm DIR-3 KYC & LLP Forms

1. Please be aware that the Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2019 have been notified w.e.f 25th July 2019. As per the said notification: i) eForm DIR-3 KYC is to be filed by an individual who holds DIN and is filing his KYC details for the first time or by the […]...

Read More
Posted Under: Company Law |

Companies (Registration Offices and Fees) Fourth Amendment Rules, 2019

Notification No. G.S.R. 527(E) (25/07/2019)

FEE FOR FILING e- Form DIR-3 KYC or DIR-3 KYC-WEB under rule 12A of the Companies (Appointment and Qualification of Directors) Rules, 2014....

Read More

Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2019

Notification No. G.S.R. 528(E). (25/07/2019)

Where an individual who has already submitted e-form DIR-3 KYC in relation to any previous financial year, submits web-form DIR-3 KYC-WEB through the web service in relation to any subsequent financial year it shall be deemed to be compliance of the provisions of this rule for the said financial year:...

Read More

Constitution of benches at all NCLT Locations

File No. 10/03/2019-NCLT (25/07/2019)

President, National Company Law Tribunal hereby constitutes the following Benches for the purpose of exercising and discharging the Tribunal's powers and functions:...

Read More

MCA Notification on Adjudication of Penalties Rules ROC Guhawati

Notification No. S.O. 2650(E) (25/07/2019)

Coming to terms with the formal stance of the economy is the biggest challenge for the prospective borrowers in the SME and MSME, who form the bulk of such units employing the most extensive cross-section of people. Though not exhaustive, the measure and the hurdles described shall undoubtedly act as the benchmark for seeking a hassle-fre...

Read More

MCA Notification on Jurisdiction of ROC Guwahati

Notification No. S.O. 2652(E) (25/07/2019)

Central Government hereby makes the following further amendment in the notification of the Government of India in the Ministry of Corporate Affairs, published vide number G.S.R 832(E), dated the 3rd November, 2015 namely:-...

Read More

Companies (Amendment) Bill, 2019

Bill No. 189 of 2019 (25/07/2019)

AS INTRODUCED IN LOK SABHA Bill No. 189 of 2019 THE COMPANIES (AMENDMENT) BILL, 2019 A BILL further to amend the Companies Act, 2013. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. Short title and commencement. (1) This Act may be called the Companies (Amendment) Act, […]...

Read More

Resolve Technical issues in Form BEN-2- ICSI request MCA

SBO rules are not applicable to the extent the share of the reporting company is held by its holding reporting company under Rules 8 (b) of the Companies (Significant Beneficial owners) Rules, 2018. However, in such cases, the subsidiary company has to report the details of such holding reporting company Form No. BEN-2....

Read More
Posted Under: Company Law |

Whether the Preference shares are the Equity or Debt

What are preference shares – Debt or Equity ?  The Reserve Bank imposed a penalty of ₹2 crore on Kotak Mahindra Bank on 7th June 2019, for not complying with its directions regarding dilution of promoters’ shareholding in the company. As per RBI’s banking licensing norms, a private bank’s promoter holding has to b...

Read More
Posted Under: Company Law |

Highlights of BEN-2 Form | Significant Beneficial Ownership | Section 90

Highlights of Webinar on BEN-2 by The ICSI ON 12th July and On 20th July. 1. The indirect holding is mandatory for the consideration of significant beneficial owner (SBO). 2. If the SBO is HUF than the karta deemed to hold 100% shares of HUF so karta is treated as SBO and 10% holding is […]...

Read More

Practical aspects related to SBO ID

What is SBO ID: The SBO id is a 10 digits unique identification number of such person. The rule “ONE ID FOR ONE PERSON” prevails here....

Read More
Posted Under: Company Law |

INC 20A Commencement of Business Issue Resolved

COMMENCEMENT OF BUSINESS CERTIFICATE The Ministry of Corporate Affairs has re-introduced the concept of commencement of business certificate. Under the newly introduced The Companies (Amendment) Ordinance 2018, all companies registered in India after the commencement of the Companies (Amendment) Ordinance, 2018 and having a share capit...

Read More
Posted Under: Company Law |

Companies would now be required to pay unused CSR Expenditures

Companies will ought to deposit their unused funds meant for corporate social responsibility [CSR] activities to a fund established by the govt. for better utilization of resources for public welfare, according to amendments to the companies Act approved by the cabinet on Wednesday. The Companies [Amendment] Bill 2019 cleared by the cabin...

Read More
Posted Under: Company Law |

Ways of Striking Of Name of Company from Register of Companies

Strike-off of company from registrar of companies is an opportunity given to defunct companies or those companies voluntarily shut down their business can file their application with roc under section 248. This is one of the best and easiest ways where companies can strike off its name without any hassle by properly arranging all the [&he...

Read More
Posted Under: Company Law |

Overview of Significant Beneficial (Amendment) Rules, 2019

In order to get rid of various illegal activities like money laundering, benami transactions etc, Ministry, once again came up with new SBO (Amendment) Rules, 2019. In this write up, there is an overview of SBO Rules. As per amended Rules, the term ‘Significant Beneficial Owner’ means any individual acting alone or together or through...

Read More
Posted Under: Company Law |

Critical Aspect of Significant Beneficiary Owner

Ministry of Corporate Affairs vide   its notification dated 13/06/2018, had notified the Companies (Significant Beneficial Owners) (SBO) Rules, 2018 along with Section 90 of the Companies Act, 2013 as amended by the Companies Amendment Act, 2017 to eradicate money laundering and to unmask the hidden owners of the company. Further,On 08....

Read More
Posted Under: Company Law |

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 |

MCA notifies Court at Pune U/s. 435(1)

Notification No. S.O. 2564(E) (17/07/2019)

Notification of Special Court (Court of District Judge-1 and Additional Sessions Judge) at Pune (Maharashtra) under sub-section (1) of Section 435 of the Companies Act, 2013 MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, the 17th July, 2019 S.O. 2564(E).—In exercise of the powers conferred by sub-section (1) of section 435 of th...

Read More

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 ...

Read More
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....

Read More
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...

Read More
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...

Read More
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...

Read More
Posted Under: Company Law |

Applicability and other Provisions of NFRA Rules, 2018

Analysis of Applicability and Other Provisions of National Financial Reporting Authority (Nfra), Rules, 2018 Attention: Form NFRA – 1 is Available for filing purpose and last date of filing is 31st July 2019. Form is uploaded on NFRA website. Link of NFRA Website: https://nfra.gov.in/ Notification on Date of Filing of NFRA-1  Last ...

Read More
Posted Under: Company Law |

MCA / ROC Compliance Calendar for July 2019

Compliance Requirement UNDER Companies Act, 2013 and Rules made thereunder includes compliance related to MCA E- Form INC 20A, Form NFRA-1, Form BEN-1, Form BEN – 2, Active Form INC -22A, E-Form DIR – 3 KYC, E-Form PAS – 6, E –Form DPT – 3 (One Time Return) and E –Form DPT – 3 (Half […]...

Read More
Posted Under: Company Law |

Resolutions which require Special Notice | Section 115 | Companies Act 2013

Section 115 of the companies act 2013 provides that where, any provision contained in this Act or in the articles of a company, special notice is required of any resolution, notice of the intention to move such resolution shall be given to the company by such number of members holding not less than 1% of […]...

Read More
Posted Under: Company Law |

Analysis of Companies (Significant Beneficial Owners) Rules

The Companies (Significant Beneficial Owners) Rules, 2018 read with the Companies (Significant Beneficial Owners) Amendment Rules, 2019. RULE NO. 2. Significant Beneficial Owner, in relation to a Reporting Company MEANS an INDIVIDUAL referred to in section 90(1) , who acting alone or together, or through one or more persons or trust, poss...

Read More
Posted Under: Company Law |

Analysis of Significant Beneficial Ownership Rules, 2019

SIGNIFICANT BENEFICIAL OWNERSHIP RULES, 2019 WHO ISASIGNIFICANT BENEFICIAL OWNER (SBO)? Means an individual as per Sec 90(1) who acting alone or together, or through one or more persons or trust, possesses one or more of the following rights or entitlements in such reporting company, namely: holds indirectly, or together with any direct h...

Read More
Posted Under: Company Law |

Rectification of Name under Companies Act, 2013

Applicable Law Section 16 of the Companies Act, 2013 talks about the Rectification of name of the Company. If, through inadvertence or otherwise, a company on its first registration or on its registration by a new name, is registered by a name which, — a) in the opinion of the Central Government, is identical with or […]...

Read More
Posted Under: Company Law |

Demat of Securities by Unlisted Public Companies

NOTE ON ISSUE OF SECURITIES IN DEMATERIALISED FORM BY UNLISTED PUBLIC COMPANIES (Applicable w.e.f. 30th September 2019) Governing laws: A. Companies Act, 2013 (Act) B. The Companies (Prospectus and Allotment of Securities) Rules, 2014 (Rules) C. Depositories Act, 1996 D. Securities and Exchange Board of India (SEBI) E. Securities and Exch...

Read More
Posted Under: Company Law |

Checklist for Filling BEN -2 Form

Checklist for Filling BEN -2 Form under Companies Act, 2013 read with relevant  rules 1. The disclosures to be made by the individuals or entities holding 10% or more shares or voting power in any company is very comprehensive in nature and encompasses holdings not only in a company but also in any other entity […]...

Read More
Posted Under: Company Law |

Commencement of Business | Section 10A | Companies Act, 2013

Commencement of Business section 10 A of the Companies Act, 2013 is a newly inserted section by the Companies (Amendment) Second Ordinance, 2019. This Section says that a company incorporated after the commencement of the Companies (Amendment) Ordinance, 2019 and having a share capital shall not commence any business or exercise any borr...

Read More
Posted Under: Company Law |

Form NFRA-1- Who need to file, Due date, Documents to file

NFRA has made it mandatory for certain ‘body corporates’ to file with it the details of their auditor appointments by July 31 in Form NFRA-1. However, none of the companies registered under the Companies Act, 2013, will be covered by this norm, they added....

Read More
Posted Under: Company Law |

Overall maximum managerial remuneration under companies act, 2013

What is ‘managerial Remuneration’? Managerial remuneration means remuneration paid to managerial personnel like directors, managing directors, whole-time directors and manager. Overall Managerial Remuneration payable: The overall maximum managerial remuneration payable by a public company u/s 197 of companies act, 2013, shall not exce...

Read More
Posted Under: Company Law |

Annual General Meeting of Company and Its Features

Annual General Meeting (AGM) is a meeting conducted by every Private Limited Company or Limited Company that provides an opportunity to the shareholders to meet every year and discuss matters relating to the Company. The AGM ensures the interest of the shareholders is protected....

Read More
Posted Under: Company Law |

Details required for Form BEN-2

1. Purpose of the filling form- For declaration of holding Company- In case there is a holding company of the company which is filing this form and such holding company is also required to file the form BEN-2, then the radio button ‘Declaration of holding reporting company’ needs to be selected and the CIN of […]...

Read More
Posted Under: Company Law |

Which company or body corporate to file NFRA 1 Form

The most important clarification whether NFRA Form -1  is  required to be filed by any company or not by 31st July 2019 July 1 is Chartered Accountants’ Day marking the date on which the Chartered Accountants Act came into effect in 1949. On the same day after 70 years, NFRA is constituted with the main […]...

Read More
Posted Under: Company Law |

All About INC-20A

E-form INC-20A (Declaration For Commencement Of Business) Is Required To Be Filed Pursuant To Pursuant To Section 10a(1)(A) Of The Companies Act, 2013 And Rule 23A Of The Companies (Incorporation) Rules, 2014. According To Section 10A Company Incorporated On Or After 02/11/2018, Shall Not Commence Its Business Or Exercise Any Borrowin...

Read More
Posted Under: Company Law |

All about filing of NFRA Form 1 with FAQs

Filing of One time Form NFRA-1: Every Company or Body Corporate falling under the applicability rules shall file e-Form NFRA-1 concerning the particulars of the auditor within 30 days of deployment of Form NFRA-1 i.e. by 31st July, 2019....

Read More
Posted Under: Company Law |

Companies (Significant Beneficial Owners) Amendment Rules, 2019: Analysis

Form BEN-2 has been notified vide the Companies (Significant Beneficial Owners) second Amendment Rules, 2019 dated 1st July 2019, therefore the time limit for filing the BEN-2 form would be 30 days from the date of deployment of BEN-2 e-form on the MCA-21 portal i.e. 31st July, 2019, failing which, the form shall be filed with additional ...

Read More
Posted Under: Company Law |

All About BEN-2 form

Significant Beneficial Ownership Rules (SBO Rules) dated 8th February, 2019- Every significant beneficial owner shall file a declaration in Form No. BEN-I to the company in which he holds the significant beneficial ownership within thirty days in case of any change in his significant beneficial ownership....

Read More
Posted Under: Company Law |

Disqualifications of Director

Recently, over the years, the Registrar of Companies, all over India has been very strict with the compliances and therefore, disqualified as many as thousand of Directors in the year 2017 and 2018 on account of various non-compliances. Accordingly, it is very important to take note of the reasons by which a Director can be […]...

Read More
Posted Under: Company Law |

Browse All Categories

CA, CS, CMA (5,046)
Company Law (6,712)
Custom Duty (8,081)
DGFT (4,388)
Excise Duty (4,406)
Fema / RBI (4,435)
Finance (4,694)
Income Tax (35,093)
SEBI (3,754)
Service Tax (3,626)

Search Posts by Date

November 2020
M T W T F S S
 1
2345678
9101112131415
16171819202122
23242526272829
30