Companies Act 2013 - Page 40

Alteration of Authorized Capital under Companies Act, 2013

In this write-up, I am going to discuss the Alteration of the share capital of the limited company. For this, we have to understand what is authorized capital and what is the alteration of share capital. Article discusses What is Authorized Capital of the Company, What Is Alteration Of Authorized Share Capital Of The Company, […]...

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Posted Under: Company Law |

All about Passing of resolution by Postal Ballot

Relevant Section: Section 110 Relevant Rules: Rule 22 of the Companies (Management and Administration) Rules, 2014 Section-110 of the Companies Act, 2013 This section has the overriding effect over anything contained under the Act, 1. As per the section, notwithstanding anything contained in this Act- a. In respect of such items of busine...

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Posted Under: Company Law |

Alternatives to I&B Code: A Restructuring route through Section 230 of Companies Act, 2013

In a press conference conducted on May 17, 2020 by Finance Minister Nirmala Sitharaman, it was stated that the COVID-19 related debts shall not form part of the default under the Insolvency and Bankruptcy Code, 2016 (I&B Code). Further, by proposing Section 10A, it was stated that there shall be no fresh initiation of new […]...

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Implementation/Roadmap of Indian Accounting Standards (IND AS)

A. Implementation of Indian Accounting Standards (IND AS): 1. For Companies other than banks, NBFCs and Insurance Companies: a) All companies which are listed/or in process of listing inside or outside India on Stock Exchanges (other than companies listed on SME Exchanges) b) Unlisted companies having net worth* of ₹ 250 crore or more c...

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Posted Under: Company Law |

Private Limited Company can transfer shares without Dematerialization

In case of Private Limited Companies;  Section 29 (1) (b) of Companies Act 2013 includes Private Limited Companies also w.e.f. 14.08.2019. However, the class of companies to which it should apply is yet to be prescribed (last checked on 4th July 2020). Presently the Company law makes it mandatory only for Unlisted PUBLIC Limited companie...

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Posted Under: Company Law |

Non-Applicability of CFSS on Form DPT-3 And Other Forms

There is a lot of confusions amongst the professionals with respect to getting immunity certificate (filing Form CFSS after 1st October) for Form DPT-3 and other Forms whose due date falling between 01st April, 2020 and 30th September, 2020 and filed before 30th September, 2020. In this write up, we discuss and interpret the same. [&helli...

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Posted Under: Company Law |

ICSI requests to extend relaxation period of Company Law compliances

MCA has also vide its Circular dated 15th June, 2020 extended the period for holding EGM through Video Conferencing or other Audio Visual Means from 30th June, 2020 to 30th September, 2020. On account of ongoing restrictions due to COVID-19, we request you to kindly consider further extension of period of relaxation for the following prov...

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Posted Under: Company Law |

ICSI Request for granting relaxation in filing e-form MGT-14

There remained practical difficulties in filing e Form MGT 14, e Form CHG-1 and e Form CHG-9, wherein the requirement of obtaining condonation of delay, for filing beyond 300 days / 120 days, as the case may be, remain unchanged....

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Provisions of Fast Track Merger Under Companies Act, 2013

> APPLICABLE PROVISIONS UNDER COMPANIES ACT, 2013:  – Section 233 – Rule 25 of The Companies (Compromises, Arrangements and Amalgamations) Rules, 2016  > FAST TRACK MERGER CAN BE PROPOSED BETWEEN:  – Holding Company and its wholly owned subsidiary company – Merger between two or more small companies –...

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DIR-3-KYC due date for financial year ending 31st March 2020

First time in Companies Act, 2013 and rules thereto, the concept of Director KYC was introduced in the year 2018. The Ministry of Corporate Affairs (‘MCA’) vide its Notification No. 615(E) Dated July 05, 2018 has amended the Companies (Appointment and Qualification of Directors) Rules, 2014 as the Companies (Appointment and Qualificat...

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Posted Under: Company Law |

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