The Companies Act 2013 is a crucial legislation in India governing the incorporation, functioning, and management of companies. Learn about the key provisions, compliance requirements, and legal framework under the Companies Act 2013.
Company Law : Understand Section 186 of the Companies Act, 2013, covering company loans, investments, and compliance requirements, including boa...
Company Law : Key compliance duties for company directors under the Companies Act, 2013, including disclosures, declarations, KYC, and meeting a...
Company Law : Learn the process and benefits of converting a Limited Liability Partnership (LLP) into a Private/Public Company under the Compani...
Company Law : Learn about the rights issue of shares under Companies Act 2013. Explore the process, key points, and steps for issuing shares to ...
CA, CS, CMA : Highlights from August 5-11, 2024: Income Tax exemptions, GST updates, SEBI guidelines, and RBI monetary policy changes....
Company Law : Explore the latest status of the MCA21 e-Governance program, Certified Filing Centres in Haryana, impact on corporate filings, and...
Company Law : Govt. of India's recent measures to enhance corporate governance, prevent fraud, and ensure effective CSR practices. Insights on r...
Company Law : Discover how C-PACE accelerates the company exit process from 2 years to under 90 days, streamlining operations and reducing backl...
Company Law : Discover the latest data on Goa-based companies struck off and revived, plus insights on related amnesty programs from the Ministr...
CA, CS, CMA : ICSI appreciates Budget 2024 for its focus on women, youth, farmers, MSMEs, regulatory infrastructure, sustainability, digital gov...
Company Law : Delhi High Court held that timelines under Regulation 35A of the CIRP Regulations, 2016 for filing avoidance application are direc...
Income Tax : Associated Chambers of Commerce And Industry of India Vs Deputy Commissioner of Income Tax & Ors. (Delhi High Court) Delhi Hig...
CA, CS, CMA : Read the full NCLT judgment/order on Union of India Vs CA. Ramaiah Nataraja. Bengaluru CA barred from statutory auditor role for c...
Company Law : Explore the Calcutta High Court's decision in Uphealth Holdings, INC. Vs Dr. Syed Sabahat Azim & Ors. regarding the applicability ...
Company Law : Read the full NCLT judgment where Zee Entertainment Enterprises Limited sought to withdraw its merger with Sony Groups, impacting ...
Company Law : Easy Funds Finance Pvt Ltd and directors penalized for failing to file Annual Returns and Financial Statements. Total penalties am...
Company Law : MCA imposes penalties on Agrilife Technologies Pvt Ltd for delayed filing of e-Form MGT-14 under Section 117 of Companies Act, 201...
Company Law : Registrar of Companies penalizes Paramount Dye Tec Limited for not disclosing trading activity in its MOA, violating Section 4(1)(...
Company Law : MBL Infrastructure Ltd. faces scrutiny under Section 90 of the Companies Act for non-compliance. Details on adjudicating officer's...
Company Law : Nalam Mahalir Nidhi Ltd. fined ₹4 lakh for failing to file e-form INC-22. Penalty details and appeal process outlined by Coimbat...
1. Background of Debate Effectuated December 2016, the Sick Industrial Companies Act[1] was repealed to pave way to the Insolvency and Bankruptcy Code, 2016[2] (hereinafter “IBC”). The objects of the two acts were different in one substantial aspect: the latter focused on reviving a company so as it continues to survive as a going concern, aimed to act as a beneficial legislation and not merely focused on recovery. Recovery however being quintessential to IBC we saw that it and the Limitation Act, 1963[3] (hereinafter “Limitation Act”), which bars the right to recover money claims after a time lapse of 3 years from the cause of action, came face to face with each other and so became a long debate culminating finally this year. This debate arose on two counts. First, IBC was always meant to be a complete code in itself, an exhaustive code on the subject matter[4] and so the remedies given thereunder comprehensively cover all matters that it apprehends. Thus, it was naturally understood that IBC is not guided by any other legislative enactment. However it does not have a clause expressly barring application of limitation act which attracts Section 29 of the limitation act which brings us to the second. Second, the mandate of Section 29 of the Limitation Act makes it abundantly clear that all legislative enactments are to be guided by the Limitation Act “unless such enactment expressly excludes itself”. Now, even the words “expressly excluded” in the section have been interpreted to have a wider import by the Supreme Court (hereinafter “SC”) giving itself the power to interpret by reading of all the provisions of an act to infer such exclusion[5]. The interpretation of such an intention or otherwise rested again with the apex court. 2. Prior to Insolvency and Bankruptcy Code (Second Amendment) Act, 2018 Initially the NCLT held in Neelkanth Township and Construction Pvt. Ltd. v Urban Infrastructure Trustee Ltd.[6] that the “provisions of the IBC cannot be shackled by the Limitation Act”. The court noted: “There is nothing on the record that Limitation Act, 2013 is applicable to IBC. Learned Counsel for the appellant also failed to lay hand on any of the provision of IBC to suggest that the Law of Limitation Act is applicable. The IBC, 2016 is not an Act for recovery of money claim, it relates to the initiation of Corporate Insolvency Resolution Process. If there is a debt which includes interest and there is default of debt and having a continuous course of action, the argument that the claim of money by Respondent is barred by Limitation cannot be accepted.” The NCLAT based its decision on the observation in Innoventive Industries Limited v ICICI Bank & Anr [7] that IBC is a comprehensive code which implies that it is independent of other laws. Now even though there was no provision in IBC that expressly barred the Limitation Act, the court observed that it remains open for the court to conclude so on a meaningful and comprehensive reading of the provisions. This view was further supported by M/S. Speculum Plast Pvt. Ltd. v Ptc Techno Pvt. Ltd[8]. and B.K. Educational Services Private Limited v Parag Gupta.[9] Even so, acting cautiously, the courts prescribed that the underlying utility of the doctrines like that of limitation must not be forsaken and it must be ensured that a deliberate delay does not go unpunished. Undoubtedly, the above ruling was bound to result in an increase in the number of applications and appeals. In the above background the Report of the Insolvency Law Committee of March 2018[10] came in which opined that “since the intent of the Code was not to array the Code as a fresh opportunity for creditors and claimants who did not exercise their remedy under existing laws within the prescribed limitation period, the Committee thought it fit to insert a specific section applying the Limitation Act to the Code”. The legislature finally taking note of this situation came up with Section 238A inserted vide an amendment[11] which clearly provided that the Limitation Act would apply to all the proceedings or appeals before the NCLT, NCLAT, DRT and DRAT.
All about E-form AOC-5 (Notice of address at which Books of Accounts of Company are maintained) As per the provisions of Section 2(13) of Companies Act, 2013, ‘Books of Accounts’ includes records maintained in respect of: i. All sums of money received and expended by a Company and matters in relation to which the receipts […]
The Ministry of Corporate Affairs, Government of India, issued notifications dated 24th March, 2021 to amend Schedule III to the Companies Act, 2013 read with Companies (Accounts) Rules, 2014 and Companies (Audit and Auditors) Rule, 2014 to enhance the disclosures required to be made by the Company in its:- i. Financial Statements; ii. Board Report; […]
Despite the growth and popularity of CSR in recent years, CSR programs and CSR efforts have not been able to have the desired impact on the country’s backward areas as they have been limited by financial challenges faced in reaching out to corporates to showcase what they’re doing. A number of NGOs and other non-profit […]
Limited Liability Partnership (Amendment) Bill, 2021 was introduced in both houses of Parliament and the Union Cabinet gave its approval on 28th July, 2021 and received the approval of the President on 13th August, 2021 and became Limited Liability Partnership Act, 2021. The Amendment seeks to facilitate greater ease of living to law-abiding corporates and […]
The board of Directors is the supreme authority having the management and control of the affairs of a company. They have a fiduciary duty to the company and its shareholders, which means to say that they are responsible for conducting the affairs of the company in a way that ensures success and profitability and thus […]
A Section 8 Company is a company registered under companies act, 2013 the objects of which is to promote non-profit objectives such as trade, commerce, arts, charity, education, religion, environment protection, social welfare, sports research, etc. and intends to apply its profits, if any, or other income in promoting its objects; and to prohibit the […]
Independent Directors: Exemption from online proficiency self-assessment test – Companies (Appointment and Qualification of Directors) Amendment Rules, 2021 The MCA has notified a new set of Rules to amend the existing Companies (Appointment and Qualification of Directors) Rules, 2014 which shall come into force on the date of its publication in the Official Gazette. Sr. […]
In the Budget 2021, our hon’ble financial minister announced about Amendment in LLP Act. In continuation of same, Ministry of Corporate Affairs issued a press release on 03rd February 2021. MCA initiates process of De-criminalisation of compoundable offences of LLP Further in continuation of the same Wednesday, 28th July, 2021 Cabinet has passed LLP Amendment Bill, […]
All Companies registered under the Companies Act, 2013 (or previous acts) are required to file its financials and annual return with the Ministry of Corporate Affairs. The forms for filing financials and annual return are prescribed under Section 137 and Section 92, respectively, of the Companies Act, 2013. Forms AOC-4/AOC-4XBRL/AOC-4CFS/AOC-4 NBFC Under Section 137 of […]
