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Vinod Kothari & Company

Latest Articles


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 i...

May 21, 2021 24126 Views 1 comment Print

MCA widens CSR for defence personnel

Company Law : MCA has issued several notifications either to clarify or broaden the ambit of Schedule VII. This Notification is yet another step...

July 17, 2020 6552 Views 0 comment Print

FAQs on conducting general meetings through VC during lockdown

Company Law : Background With the advancement of web-based facilities, the world is becoming technology driven to a very large extent. Connectin...

May 23, 2020 10413 Views 0 comment Print

RBI to regulate operation of payment intermediaries

Fema / RBI : In this article we shall discuss the concept of Payment Aggregator and Payment Gateway. Further, we intend to cover the applicabil...

May 11, 2020 2967 Views 0 comment Print

MCA extends timeline for companies following calendar year

Company Law : Currently, only companies that follows calendar year as financial year have been granted a 3-months relaxation from holding their ...

May 2, 2020 5250 Views 0 comment Print


Latest Judiciary


Priority of Tax Dues In Liquidation?

Income Tax : The manner of distribution of the assets of a company during liquidation is fraught with ambiguity and settlement of such claims a...

July 26, 2018 3732 Views 0 comment Print

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

Company Law : NCLT held that the principle of imposition of minimum penalty is non-mandatory in compounding of offenses cases, it is necessary t...

June 22, 2017 5223 Views 0 comment Print

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

SEBI : In one of the recent rulings of the SAT, Mumbai, the interim order passed by SEBI in the matter of Neesa Technologies Limited(Comp...

September 7, 2016 3919 Views 1 comment Print


Latest Notifications


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

Fema / RBI : Securities and Exchange Board of India (hereinafter known as SEBI) in its Board Meeting held on 21st January, 2015 has approved pr...

January 21, 2015 2909 Views 0 comment Print


Two New Subsidies: Sweet Spot for NBFCs and Asset Leasing Companies

January 5, 2016 2575 Views 0 comment Print

The present government ushers 2016 with all round developments in the country – from more and more renewable sources of energy to better quality of homemade garments. On 30th December, 2015, the policy makers gave nod to two of the most important subsidies: Amended Technology Upgradation Fund Scheme – for the textile sector. Subsidy for […]

Secondment of employees: An understanding

January 3, 2016 68921 Views 6 comments Print

Secondment of employees, as a concept, has evolved in the era of global commercial mobility. Secondment is where an employee of one organization is working for one or more other organization(s), basis a mutual understanding between the organizations. There are various concerns associated with secondment of employees like the payroll , employer- employee relationship status , control over the employee and several related issues.

FAQs on Share Warrants

December 24, 2015 174496 Views 4 comments Print

Share warrants are a common source of funding used by companies, both public and private. As is clear from the nomenclature, warrants are issued with an option to convert into shares of the company. Having said so, share warrants are not similar to CCDs or ESOPs as has been explained further in this write-up. In […]

Note on definition of factoring business

December 23, 2015 4858 Views 0 comment Print

Factoring works mainly on the principle of seller selling the receivables of a debtor to a specialized financial intermediary called a factor. The sale of the receivables takes place at a discount and the ownership of the receivables is transferred to the factor who shall on purchase of receivables, collect the dues from the debtor […]

Revised ECB framework widens the reach of NBFCs

December 22, 2015 2819 Views 0 comment Print

The revised ECB framework which the RBI issued on the 30th of November, 2015 comprise of favorable amendments with regard to categories of eligible borrowers. One of the components of the financial sector of the economy, the NBFCs, will be benefitted by the framework. The earlier framework was not as liberal and considerate as the revised framework with respect to NBFCs.

Section 47(2)- an unclear provision?

November 25, 2015 5753 Views 0 comment Print

Section 47 of Companies Act, 2013 provides for voting rights of the shareholders. The same corresponds to Section 87 of the Companies Act, 1956 (Act, 1956). Section 87 of Act, 1956 clearly demarcated the rights of cumulative and non-cumulative preference shareholders in case of default in payment of dividend; whereas Section 47 of Act, 2013 does not provide for the same.

DIPP permits LLPs to make downstream investments

November 25, 2015 1669 Views 0 comment Print

Minimum government and maximum governance is surely a welcomed initiative. With an objective of achieving the ease of doing business in the country and to fast-tack the hindered projects, NDA government has launched various campaigns. ‘Start-up India’ and ‘Make in India’ have been the recent initiative. DIPP issued press note no. 12 dated 24th November, 2015 (shall come into effect immediately) thereby liberalising FDI in favour of 15 major sectors.

Peer to Peer (P2P) Lending: Business Models

November 24, 2015 13046 Views 7 comments Print

With the advancement in technology, there has been a dramatic change in the lifestyle and perception of people, from sharing their mood on facebook or becoming an overnight celebrity by trolling on Instagram or twitter to crowd funding from across globe for a social cause, to starting a business idea online.

Diwali Bonanza – DIPP floats exciting offers to lure foreign investors

November 20, 2015 750 Views 0 comment Print

DIPP seems determined to bring achche din for India Inc. The pace at which the current government is mending the FDI norms is really astonishing. After the launch of Make in India initiatives in September 2014, there has been a 48 percent increase in FDI equity inflows during October 2014 to April 2015.

Particulars of penalties and punishments in e-form MGT-7

November 14, 2015 8629 Views 1 comment Print

There are two expressions used in point XII of e-form MGT-7 – ‘Penalties and Punishments’. What do the two mean and how are they different? a. Penalties are penalties as in sec 42, 60, 91, 94, 111, 118, 119, 132, 136, 173 etc. b. Punishment refers to punishment by way of fine or imprisonment.

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