Vinod Kothari & Company

SEBI qualifies QIP for achieving MPS

SEBI - SEBI, in its board meeting held on December 28, 2017[1] decided to introduce Qualified Institutions Placement (QIP) and Sale of shares up to 2% held by promoters/promoter group in open market, subject to certain conditions, to enable listed companies to comply with the MPS requirement....

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MCA set to place Private Placement rules- Issues draft rules to amend Rule 14 of PAS Rules

SEBI - Substitution of Section 42 is one of the key amendments proposed in Companies (Amendment) Act, 2017 (Amendment Act). While, the Amendment Act is being enforced in phases, stakeholders have been awaiting the draft rules in relation to private placement. MCA on 15.02.2018 issued draft Companies (Prospectus and Allotment of Securities) (Amen...

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MCA notifies 43 Sections of the Companies (Amendment) Act, 2017

SEBI - The reforms in the Corporate Sector become a reality with the advent of the Companies Act, 2013 which increased the compatibility of Indian Companies on the global platform and raised the standards of Corporate Governance, Investor protection, Accountability and disclosures. ...

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Liquidation of Corporate Debtor: Numerous swing for Corporate Debtor and its associates

SEBI - Since inception, Insolvency and Bankruptcy Code, 2016 (‘Code’), has made great strides. As per the Financial Stability Report of the RBI, this Code that came into existence only in December, 2016, had around 4300 applications registered with the National Company Law Tribunal (‘NCLT’) by November, 2017. ...

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Actionables pursuant to passing of Companies (Amendment) Act, 2017

SEBI - In accordance with the amendments proposed in Companies (Amendment) Act, 2017, companies are required to take care of the impacts of the same on the provisions of the Companies Act, 2013 while carrying out its operations in order to avoid non-compliance and penalties prescribed under Companies Act, 2013....

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Principle of imposition of minimum penalty is non-mandatory in compounding of offenses cases: NCLT

Re. M/S UW International Training & Education Centre for Health Pvt. Ltd. (NCLT Delhi) - NCLT held that the principle of imposition of minimum penalty is non-mandatory in compounding of offenses cases, it is necessary to define and understand offense. The term offence has been defined by s 3(38) of General Clauses Act, as any act or omission made punishable by any law for the time being...

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Liability of Directors for Events Taken Place Before Appointment- SAT Ruling

Mr. Nimain Charan Biswal (Securities And Exchange Board Of India) - In one of the recent rulings of the SAT, Mumbai, the interim order passed by SEBI in the matter of Neesa Technologies Limited(Company) has been quashed qua one of the directors i.e. Mr. Nimain Charan Biswal who had joined and resigned from the directorship of the Company before the issuance of Non-c...

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SEBI considers amending SEBI (ICDR) Regulations to align with FEMA Regulations

RBI/2014-15/123 A.P.(DIR Series) Circular No. 3 - (21/01/2015) - Securities and Exchange Board of India (hereinafter known as SEBI) in its Board Meeting held on 21st January, 2015 has approved proposal to carry out some amendments in SEBI (ICDR) Regulations, 2009 ( Regulations, 2009) with FEMA Act so as to harmonize the norms on receipt of upfront payment and ten...

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Vinod Kothari & Company’s Popular Posts

Recent Posts in "Vinod Kothari & Company"

SEBI qualifies QIP for achieving MPS

SEBI, in its board meeting held on December 28, 2017[1] decided to introduce Qualified Institutions Placement (QIP) and Sale of shares up to 2% held by promoters/promoter group in open market, subject to certain conditions, to enable listed companies to comply with the MPS requirement....

Read More
Posted Under: Corporate Law |

MCA set to place Private Placement rules- Issues draft rules to amend Rule 14 of PAS Rules

Substitution of Section 42 is one of the key amendments proposed in Companies (Amendment) Act, 2017 (Amendment Act). While, the Amendment Act is being enforced in phases, stakeholders have been awaiting the draft rules in relation to private placement. MCA on 15.02.2018 issued draft Companies (Prospectus and Allotment of Securities) (Amen...

Read More
Posted Under: Corporate Law |

MCA notifies 43 Sections of the Companies (Amendment) Act, 2017

The reforms in the Corporate Sector become a reality with the advent of the Companies Act, 2013 which increased the compatibility of Indian Companies on the global platform and raised the standards of Corporate Governance, Investor protection, Accountability and disclosures. ...

Read More
Posted Under: Corporate Law |

Liquidation of Corporate Debtor: Numerous swing for Corporate Debtor and its associates

Since inception, Insolvency and Bankruptcy Code, 2016 (‘Code’), has made great strides. As per the Financial Stability Report of the RBI, this Code that came into existence only in December, 2016, had around 4300 applications registered with the National Company Law Tribunal (‘NCLT’) by November, 2017. ...

Read More
Posted Under: Corporate Law |

Actionables pursuant to passing of Companies (Amendment) Act, 2017

In accordance with the amendments proposed in Companies (Amendment) Act, 2017, companies are required to take care of the impacts of the same on the provisions of the Companies Act, 2013 while carrying out its operations in order to avoid non-compliance and penalties prescribed under Companies Act, 2013....

Read More
Posted Under: Corporate Law |

MCA liberalizes acceptance of deposits from members

Ministry of Corporate Affairs has yet again revised the provisions relating to acceptance of deposits under the Act, 2013 with its notification dated September 19, 2017. The Companies (Acceptance of Deposits) Second Amendment Rules, 2017 substitutes the proviso to sub-rule (3) of rule 3 relating to acceptance of deposits by members and br...

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Posted Under: Corporate Law |

Hundreds of LLPs may be vanishing soon

After issuing of show cause notices[1] (SCNs) for striking of names of more than 3 lakh non-operating companies, the Registrar has now taken the same action for LLPs. It seems that government has decided to heavily come down on existence of non-operative Limited Liability Partnerships (‘LLPs’) or say fake firms which are causing signi...

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Posted Under: Corporate Law |

Analysis on revised Secretarial Standard 2

The Institute of Company Secretaries of India (ICSI) has recently revised the Secretarial Standard on Meeting of the Board of Directors (SS 1) and General Meeting (SS 2). The enforce ability of SS 1 and SS 2 comes from the provisions of section 118(10) of the Companies Act, 2013 (Act, 2013). The earlier SS 1 and SS 2 were made effective f...

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Posted Under: Corporate Law |

Concurrence of Pledgee Sufficient For Creating Pledge

The Securities and Exchange Board of India (SEBI) vide its notification dated July 25th, 2017 has come up with SEBI (Depositories and Participants) (Second Amendment) Regulations, 2017 (hereinafter referred to as “DP Second Amendment Regulations, 2017) substituting sub-regulation (3) of regulation 58 of the SEBI (Depositories and Partic...

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Posted Under: Corporate Law |

SEBI allows Category III AIFs to invest in commodities market

Alternate Investment Funds (AIFs) are privately pooled investment funds, incorporated in India, in the form of a trust, company, LLP or body corporate not covered under any other regulations prescribed by SEBI. These funds are governed by Securities and Exchange Board of India (Alternative Investment Funds) Regulations, 2012[1]....

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Posted Under: Corporate Law |
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