Companies Act 2013 - Page 370

Main Features of new Company Incorporation e-Form SPICe

MCA has taken another bold initiative in Government Process Re-engineering (GPR) and launched Simplified proforma for Incorporating Company Electronically (SPICe) e-Form. Revised integrated incorporation form for companies notified vide the Companies (Incorporation) fourth Amendment Rules, 2016 dated 1st October 2016 viz. “Simplified Pr...

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Posted Under: Company Law |

Analysis of Companies Management & Administration Amendment Rules, 2016

In case of a company existing before the commencement of this act, the particulars are available registered under the Register of members registered under the Companies Act, 1956 shall be transferred to the New Register of Members in Form MGT-1 , and in case of additional information required as per the act and the rules thereunder, is p...

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Posted Under: Company Law |

Effect of Companies (Incorporation) Fourth Amendment Rules, 2016

1. Effecting conversion of Public limited Company in to Private Limited Company or vice versa- Under rule 33(2) a copy of order of the (competent authority) Tribunal approving the alteration, shall be filled with the Registrar in Form INC 27 with in 15 days from the date of receipt of the order from the (Central government) Tribunal....

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Posted Under: Company Law |

Compounding of Offences Under Companies Act, 2013.

The word compounding is not defined anywhere in the Act. As per the Black’s Law Dictionary, Compound means to settle a matter by a money payment, in lieu of other liability. The Oxford Dictionary defines the word Compound as Settle (a debt or other matter) in exchange for money or other consideration...

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Posted Under: Company Law |

Companies (Incorporation) fourth Amendment Rules, 2016

G.S.R.936(E) (01/10/2016)

Subject to the provision of sub-rule (1), for effecting the conversion of a public company into a private company, a copy of order of the Tribunal approving the alteration, shall be filed with the Registrar in Form No. INC-27 with fee together with the printed copy of altered articles within fifteen days from the date of receipt of the or...

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Auditor’s rotation under SQC 1 vis-à-vis Companies Act, 2013

Council of ICAI considered issue regarding difference in requirements relating to the auditor’s rotation under the SQC 1, Quality Control for Firms that Perform Audits and Reviews of Historical Financial Information, and Other Assurance and Related Services Engagements issued by ICAI vis-à-vis the Companies Act, 2013...

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Posted Under: Company Law |

Buy-back Law, Procedure and Practice

Buy-back is one of the important provisions in the Companies Act, 2013 (the Act) which enables a company to purchase its own shares or other specified securities with inherent benefits to the company and its shareholders. A program of buy-back is resorted to by a company to enable it to...

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Posted Under: Company Law |

Disclosures and Voting at Board Meeting on Interested Items

As we are aware of the fact that, the Company is one of the forms of separate legal entity and it can act on its behalf and in its own name. This fact is also sound accepted that the Company for making the growth enters into contract of arrangement or various transactions on daily basis with various parties. Mainly, into closely held comp...

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Posted Under: Company Law |

Extension of Annual General Meeting and its Process

As we all are very well aware of the fact, that the Company is required to hold its Annual General meeting within the stipulated time prescribed by Section 96 of the Companies Act, 2013 (hereinafter referred to as the 2013 Act). Rather than all of the time, it happens that the Company due to part of any circumstances is unable to hold the...

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Posted Under: Company Law |

Adjournment of Annual General Meeting- a Practical Approach

Recently, while dealing with the situation with regard to adjournment of Annual General Meeting (hereinafter referred to as AGM) due to lack of quorum availability, OR inadequacy to conduct AGM due to non-availability of audited accounts, few concepts were discussed about its practicality and possibilities....

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