Vinod Kothari & Company

Sections not yet enforced of Companies (Amendment) Act, 2017

Company Law - MCA has so far issued Notification S.O. 351(E) dated: 23/01/2018, S.O. 630(E) dated: 09/02/2018 and S.O. 1833(E) dated: 07/05/2018 by which various provisions of Companies (Amendment) Act, 2017 is been made effective. This Article discusses Provisions of Companies (Amendment) Act, 2017 which are not yet enforced-...

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MCA notifies 5 more Sections of Companies Amendment Act 2017

Company Law - MCA vide its notification dated July 6 2018 notified 5 Sections of the Companies Amendment (Act), 2017 of which Section 20 will be effective from July 5, 2018 while date of enforcement of remaining Sections is w.e.f. August 15, 2018....

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Entities to report total foreign investments to RBI

Company Law - After SEBIs circular dated April 10, 2018 for monitoring foreign investment limits in listed Indian companies, RBI on June 7, 2018 issued notification in relation to reporting of foreign investment in Indian companies/ LLPs/ start up. RBI is to provide interface from June 28, 2018 to July 12, 2018....

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MCA raises curtain on Significant Beneficial Ownership (SBO) Rules- Notifies final rules with several changes

Company Law - Every significant beneficial owner is required to file a declaration in Form No. BEN-1 to the company in which he holds the significant beneficial ownership:...

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Actionables for LODR (Amendment) Regulations, 2018

Company Law - Pursuant to the recommendations made by Uday Kotak Committee Report, Securities and Exchange Board of India (SEBI) notified SEBI (Listing Obligations and Disclosure Requirements) (Amendment) Regulations, 2018 (Amendment Regulations) on May 9, 2018. The Amendment Regulations specifies various dates from which the amendments made shall come...

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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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Recent Posts in "Vinod Kothari & Company"

Sections not yet enforced of Companies (Amendment) Act, 2017

MCA has so far issued Notification S.O. 351(E) dated: 23/01/2018, S.O. 630(E) dated: 09/02/2018 and S.O. 1833(E) dated: 07/05/2018 by which various provisions of Companies (Amendment) Act, 2017 is been made effective. This Article discusses Provisions of Companies (Amendment) Act, 2017 which are not yet enforced-...

Read More
Posted Under: Company Law |

MCA notifies 5 more Sections of Companies Amendment Act 2017

MCA vide its notification dated July 6 2018 notified 5 Sections of the Companies Amendment (Act), 2017 of which Section 20 will be effective from July 5, 2018 while date of enforcement of remaining Sections is w.e.f. August 15, 2018....

Read More
Posted Under: Company Law |

Entities to report total foreign investments to RBI

After SEBIs circular dated April 10, 2018 for monitoring foreign investment limits in listed Indian companies, RBI on June 7, 2018 issued notification in relation to reporting of foreign investment in Indian companies/ LLPs/ start up. RBI is to provide interface from June 28, 2018 to July 12, 2018....

Read More
Posted Under: Company Law |

MCA raises curtain on Significant Beneficial Ownership (SBO) Rules- Notifies final rules with several changes

Every significant beneficial owner is required to file a declaration in Form No. BEN-1 to the company in which he holds the significant beneficial ownership:...

Read More
Posted Under: Company Law |

Actionables for LODR (Amendment) Regulations, 2018

Pursuant to the recommendations made by Uday Kotak Committee Report, Securities and Exchange Board of India (SEBI) notified SEBI (Listing Obligations and Disclosure Requirements) (Amendment) Regulations, 2018 (Amendment Regulations) on May 9, 2018. The Amendment Regulations specifies various dates from which the amendments made shall come...

Read More
Posted Under: Company Law |

Privileges & Exemptions to Small Companies under Companies Act, 2013

Section 2(85) of the Companies Act, 2013 defines small company. A company (other than public company) will be considered small if; 1. Paid-up share capital doesn’t exceed fifty lakh rupees or such higher amount as may be prescribed which shall not be more than ten crore rupees[1] and...

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Posted Under: Company Law |

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....

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Posted Under: Company 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...

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Posted Under: Company 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. ...

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Posted Under: Company 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. ...

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Posted Under: Company Law |
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