SEBI : The term ‘subsidiary’ or ‘subsidiary company’ as defined under the Companies Act, 2013[1] (‘Act’) refer to a company i...
Company Law : MCA has issued several notifications either to clarify or broaden the ambit of Schedule VII. This Notification is yet another step...
Company Law : Background With the advancement of web-based facilities, the world is becoming technology driven to a very large extent. Connectin...
Fema / RBI : In this article we shall discuss the concept of Payment Aggregator and Payment Gateway. Further, we intend to cover the applicabil...
Company Law : Currently, only companies that follows calendar year as financial year have been granted a 3-months relaxation from holding their ...
Income Tax : The manner of distribution of the assets of a company during liquidation is fraught with ambiguity and settlement of such claims a...
Company Law : NCLT held that the principle of imposition of minimum penalty is non-mandatory in compounding of offenses cases, it is necessary t...
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...
Fema / RBI : Securities and Exchange Board of India (hereinafter known as SEBI) in its Board Meeting held on 21st January, 2015 has approved pr...
SEBI on January 15, 2015 issued SEBI (Prohibition of Insider Trading) Regulations, 2015 (Regulations, 2015) which is to come into force on 120th date of its publication in Official Gazette. SEBI (Prohibition of Insider Trading) Regulation, 1992 (Regulations, 1992) shall stand repealed.
Section 63 deals with issue of bonus shares by a company. Clause (b) to sub-section (2) of Section 63 read with Rule 12 (6) of the Companies (Prospectus and Allotment of Securities) Rules, 2014 (the Rules) requires a company to pass shareholder’s resolution for the purpose of capitalising its profits or reserves, amongst other conditions prescribed under the sub-section.
Anomaly in MGT-10 for disclosure u/s 93 read with Companies (Management and Administration) Rules, 2014. Section 93 requires every listed company to file return in MGT 10 with respect to change in number of shares of promoters and top ten shareholders.
Subsequent to amending the FEM ( Transfer or Issue of any Foreign Security) Regulations, 2000 with respect to the charge creation norms vide notification No. FEMA.322/RB-2014 dated October 14, 2014[1] effective from 3rd December, 2014, the Reserve Bank of India ( RBI) on 1st January, 2015
RBI has been constantly revisiting the FEMA regulations pertaining to overseas direct investment, foreign investments in India and others in view of current scenario and amending the same. With a view to grant greater flexibility to Indian Companies, RBI vide Notification No. FEMA.322/RB-2014 dated 14th October 2014[1] amended the FEMA
Aditya Shah Anomaly in Definition of Free Reserves under Companies Act, 2013 makes Companies Re-think about leaving credit in Profit & Loss A/c Companies which have excess of Profit after appropriation for statutory reserves and dividend do have tendency to retain it as Surplus of the company, rather than transferring it to any Reserves, which […]
Shampita Das Section 187 of the Companies Act, 2013 (the ‘Act’) which corresponds to section 49 of the erstwhile Companies Act, 1956 requires companies to hold all investments in its own name. Below, we discuss in detail the requirement of entry of investments in the register maintained for this purpose. We shall also deal with […]
What are exceptional and extra ordinary items? The question is not new and therefore, it is not for the first time that accountants/auditors have to answer the same. However, the question assumes significance from Schedule VI of Companies Act, 1956; Schedule III of Companies Act, 2013, and clause 41 [1] of listing agreement where it requires company to submit to the stock exchange the reason or explanation for variation in exceptional and extraordinary item if it is excess of 10% or Rs. 10 Lakhs,
Clause 36 of Equity Listing Agreement inter-alia mandates every Listed Company to intimate stock exchanges on any material event which will have bearing on operation of company or any information which is price sensitive in nature. Clause 36 provides indicative events which may have ‘material impact’ on the performance or operations of the company.
Background Compounding of Offence is a voluntary process available in case of contravention of offence under Foreign Exchange Management Act, 1999 (hereinafter referred as ‘FEMA’). Foreign Exchange (Compounding Proceedings) Rules, 2000[1] empowers Reserve Bank of India (hereafter referred as ‘RBI’) to compound contravention under FEMA. For compounding of offence under FEMA an application for compounding […]
