Vinod Kothari & Company

Material Subsidiary under LODR Regulations: Understanding the metrics of materiality

SEBI - The term ‘subsidiary’ or ‘subsidiary company’ as defined under the Companies Act, 2013[1] (‘Act’) refer to a company in which a holding company controls the composition of the Board of directors or may exercise at least 51% of the total voting power either on  its own or together with one or more of its subsidiaries. [&hellip...

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MCA widens CSR for defence personnel

SEBI - MCA has issued several notifications either to clarify or broaden the ambit of Schedule VII. This Notification is yet another step taken by the MCA for widening the scope of CSR activities to include CAPF and CMPF veterans and their dependants and war widows....

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FAQs on conducting general meetings through VC during lockdown

SEBI - Background With the advancement of web-based facilities, the world is becoming technology driven to a very large extent. Connecting number of people virtually is not an unachievable or cumbersome task anymore.Although, in the past as well, MCA had come up its Circular on “Green initiatives in the Corporate Governance” in the year 2011...

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RBI to regulate operation of payment intermediaries

SEBI - In this article we shall discuss the concept of Payment Aggregator and Payment Gateway. Further, we intend to cover the applicability, eligibility norms, governance practices and reporting requirements provided in the aforesaid guidelines....

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MCA extends timeline for companies following calendar year

SEBI - Currently, only companies that follows calendar year as financial year have been granted a 3-months relaxation from holding their AGMs i.e. such companies are allowed to hold their AGMs till 30th September, 2020 instead of June, 2020. Further, the due dates of all other related compliances such as filing of annual returns or financial sta...

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Priority of Tax Dues In Liquidation?

Leo Edibles & Fats Limited vs TRO (Andhra Pradesh High Court) - The manner of distribution of the assets of a company during liquidation is fraught with ambiguity and settlement of such claims arising out of it has inconvenienced the parties concerned since the advent of the Insolvency and Bankruptcy Code, 2016 (Code). ...

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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"

Material Subsidiary under LODR Regulations: Understanding the metrics of materiality

The term ‘subsidiary’ or ‘subsidiary company’ as defined under the Companies Act, 2013[1] (‘Act’) refer to a company in which a holding company controls the composition of the Board of directors or may exercise at least 51% of the total voting power either on  its own or together with one or more of its subsidiaries. [&hellip...

Read More
Posted Under: SEBI |

MCA widens CSR for defence personnel

MCA has issued several notifications either to clarify or broaden the ambit of Schedule VII. This Notification is yet another step taken by the MCA for widening the scope of CSR activities to include CAPF and CMPF veterans and their dependants and war widows....

Read More
Posted Under: SEBI |

FAQs on conducting general meetings through VC during lockdown

Background With the advancement of web-based facilities, the world is becoming technology driven to a very large extent. Connecting number of people virtually is not an unachievable or cumbersome task anymore.Although, in the past as well, MCA had come up its Circular on “Green initiatives in the Corporate Governance” in the year 2011...

Read More
Posted Under: SEBI |

RBI to regulate operation of payment intermediaries

In this article we shall discuss the concept of Payment Aggregator and Payment Gateway. Further, we intend to cover the applicability, eligibility norms, governance practices and reporting requirements provided in the aforesaid guidelines....

Read More
Posted Under: SEBI |

MCA extends timeline for companies following calendar year

Currently, only companies that follows calendar year as financial year have been granted a 3-months relaxation from holding their AGMs i.e. such companies are allowed to hold their AGMs till 30th September, 2020 instead of June, 2020. Further, the due dates of all other related compliances such as filing of annual returns or financial sta...

Read More
Posted Under: SEBI |

Highlights of SEBI’s temporary relaxations for Rights Issue

Article highlights SEBI relaxation related to Eligibility conditions related to Fast Track Rights Issues, Relaxation with respect to Minimum Subscription, Minimum threshold for not filing draft letter of offer and One-time Relaxation on opening of issue....

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Posted Under: SEBI |

Tax Provisions for Housing Finance Companies (HFCs)

The Income Tax Act, 1961 does not contain specific provisions relating to Housing Finance Companies (HFCs). Thus, all the general provisions for computation of income shall apply to HFCs. It can also be established that as the main source of income of HFCs is interest, income will be computed under section 28 to 43 of the Income Tax Act, ...

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Posted Under: SEBI |

FAQs on Fraud Reporting

In the corporate world nowadays, increase in the rate of frauds has generated the need for the companies to analyze the requirements wrt to fraud reportings, in order to be proactive in tightening their internal systems for preventing the same. Keeping in mind the need of the hour, we have prepared a guide to fraud reporting under Compani...

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Posted Under: SEBI |

SEBI amends ICDR Regulations to include SR equity shares

SEBI has vide notification dated July 29, 2019 notified SEBI (Issue of Capital and Disclosure Requirements) (Third Amendment) Regulations, 2019. The Amendment Regulations deal with issue of shares with differential voting rights....

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Posted Under: SEBI |

MCA set to deploy the eForm for reporting details of SBO

MCA, on July 1, 2019, issued Companies (Significant Beneficial Owners) Second Amendment Rules, 2019 thereby notifying e Form BEN-2 required to be submitted by companies....

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Posted Under: SEBI |

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