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.
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Analysis Of The Recent Amendment To Section II Of Part II Of Schedule V Relating To Managerial Remuneration vide Notification No. S.O. 2922(E) dated 12.09.2016 Under Companies Act, 2013
If a Company is not satisfied with the services of the statutory auditor the company can start process for removal of auditor as stated the process u/s 140(1). But there is a question always arise which confused the professionals i.e. i. Company requires holding General Meeting before approval of Central Government or after government approval?
Existing Auditor of the Company resigned w.e.f. 30/08/2016 and ADT-3 filed by such Auditor & intimated to Company. Board of Director appointed new Auditor w.e.f. 12/09/2016 for FY 15-16. Tenure of the new auditor will be upto subsequent AGM. Audit for the FY 15-16 shall be done by new Auditor.
As we are aware that MCA has issued a Notification dated 30th June, 2016 Companies (Appointment and Remuneration of Managerial Personnel) Amendment Rules, 2016 and made some major amendments in Rule 5 Disclosure in Board’s Report -remuneration of employees.
It is clear that, a public company is free to incorporate in its Articles, that all the directors of the company would retire at every annual general meeting. If nothing mentioned in articles relating to rotation of director then Not less than 2/3rd (two-third) of the total number of directors of a public company shall, be person whose period of office is liable to determination by retirement of directors by rotation
Section 62 (1) (b) of Companies Act, 2013 states that where at any time, a company having a share capital proposes to increase its subscribed capital by the issue of further shares, such shares shall be offered to employees under a scheme of employees stock option, subject to special resolution passed by company and subject to such conditions as may be prescribed in Rule 12 of The Companies (Share Capital and Debentures) Rules, 2014.
Author has compiled format of Share Application form under Companies Act,2013 for ready Reference of our readers, Which is re-produced below and also link to download the same in word format is provided at the end of the Article:-
One of the latest buzz of the summers of 2016 have been the Companies (Amendment) Bill, 2016 (Bill, 2016), which was introduced in Lok Sabha on 16th March, 2016 by the Finance Minister in view of several recommendations made in the Company Law Committee report (CLC Report) dated 1st February, 2016.
MCA vide its Notification dated 9th September, 2016,has enforced few more sections of the Companies Act, 2013. It is pertinent to note here that considering the MCA Notification dated 1st June, 2016[2], it seems that the current Notification has been brought in order to plug the missing gaps left after the June Notification.
A Steering Committee with the following composition is hereby constituted to oversee the whole process of the execution of ‘National Corporate Social Responsibility Award’:
