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...
If a assessee delays filing of e-form by more than 270 days from the time period granted for filing of the respective e-form, then penalty as given in the concerned section will be imposed. For eg: If the resolution to be attached in MGT-14 is passed on 21.01.2015, then normal time to file the form is 30 days. Penalty will be imposed if the person doesn’t file the form within 300 days from 21.01.2015 or if the form is not filed within 270 days from 20.02.2015.
As per new Companies Act, 2013, if a company maintains its books of accounts at any other place, the same should be reported to RoC by way of filing of Form AOC-5 (Earlier it was Form 23AA under Companies Act, 1956). Non-compliance can result into heavy monetary penalty as well as imprisonment of Directors/MD/CFO.
A Company incorporated under the statute has an identity of its own, which is different from its members and shareholders, etc. A subsidiary company is an incorporated entity which has an identity of its own, which shall be separate from its holding company.
In the Companies (Corporate Social Responsibility Policy) Rules, 2014, in rule 4, in sub-rule (2),- (i) for the words established by the company or its holding or subsidiary or associate company under section 8 of the Act or otherwise, the words established under section 8 of the Act by the company either singly or alongwith its holding or subsidiary or associate company or alongwith any other company or holding or subsidiary or associate company of such other company, or otherwise shall be substituted;
In case a company has already filed Form DIR-12 with the Registrar under rule 15, a foreign director of such company resigning from his office may authorise in writing a practising chartered accountant or cost accountant in practice or company secretary in practice or any other resident director of the company to sign Form DIR-11 and file the same on his behalf intimating the reasons for the resignation.
Form AOC-5: Notice of address at which books of account are maintained. eForm AOC-5 is required to be filed pursuant to Section 128 of the Companies Act, 2013 and the same is available for filing w.e.f. January 17, 2015. Section 128 is reproduced here for your reference :-
Bonus shares are additional shares given to the current shareholders without any additional cost, based upon the number of shares that a shareholder owns. These are company’s accumulated earnings which are not given out in the form of dividends, but are converted into free shares.
Procedure for Issue of Preference share is given under Section-62 of Companies Act, 2013. Issue of share can be in three modes: 1. Right Issue of Shares [Section- 62(1) (a)] 2. Preferential Allotment of Shares. [Section- 62(3) (c) and Section-42] 3. Private Placement of Shares. [Section-42)
As per FDI Regulations read with FEMA, share must be allotted against share application money received from non-resident within 180 days of its receipt. Whereas, as per section 42(6) of Companies Act, 2013, if Company has received any amount received for the purpose of allotment of shares on Private placement basis then shares must be allotted within 60 days of receiving share application money for the same otherwise Company shall refund the whole money within 15 days.
ACS Komal Pansari ♣ Who is an Independent Director? Section 149(5) of the Companies Act, 2013 (the Act) defines an Independent Director as a director other than a managing director or a whole-time director or a nominee director,— (a) who, in the opinion of the Board, is a person of integrity and possesses relevant expertise […]
