July 8, 2014     by CS Samrish Bhanja
Section 108 of the Companies Act, 2013 (‘Act, 2013’) read with Rule 20 of the Companies (Management and Administration) Rules, 2014 (‘MGT Rules’) had made it mandatory for every listed company and company having not less than 1000 shareholders to provide e-voting....
July 4, 2014     by CS Samrish Bhanja
Status of a subsidiary of a Foreign Company as per Companies Act, 2013 With the legislation of the new Act, it has been clarified that a body corporate incorporated outside India is not prohibited from incorporating subsidiaries as private/public companies. This implies that....
May 30, 2014     by CS Samrish Bhanja
Preferential Issue - Procedure (updated upto 18th March, 2015) Compiled from provisions of Section 42 and Section 62 of the Companies Act, 2013 read with Rule 14 of Companies (Prospectus and Allotment of Securities) Rules, 2014 and Rule 13 of Companies (Share Capital and....
May 11, 2014     by CS Samrish Bhanja
Postal ballot means voting by post or through any electronic mode.(Sec2(65) of the CA 2013) Earlier, Section 192A of the Companies Act, 1956, read with the Companies (Passing of the  Resolution by Postal Ballot) Rules, 2001 (the Rules) obligated the listed companies to conduct....
April 30, 2014     by CS Smriti Sharma
Please note that as per Section 2(52), “listed company” means a company which has any of its securities listed on any recognised stock exchange. This means that a Private Limited company which has its Debentures listed shall also be deemed to be a listed company for the....
April 11, 2014     by CS Samrish Bhanja
We updated earlier about the correction in the letter head of the Company in order to comply with the requirement of the Companies Act, 2013. Another thing the company has to be careful about is Disclosure of Director’s interest. Disclosure of Director’s Interest........
April 9, 2014     by CS Samrish Bhanja
1. The participation of directors in a meeting of the Board may be either in person or through video conferencing or other audio visual means.. 2. Directors participating through video conferencing shall also be counted for the purposes of quorum.. 3. Matters not to be dealt....
April 7, 2014     by CS Samrish Bhanja
In this excerpt, the focus is on disqualification because of non-filing of Balance Sheets and Annual Return or similar such non-compliances (Sec 164(2) of the Companies Act, 2013).. The following persons shall not be eligible to be re-appointed as a director of that company or....
April 4, 2014     by CS Samrish Bhanja
Now, rotation of auditors is mandatory for all listed companies and only those unlisted and private companies which meet the prescribed criteria.. 1. Unlisted Public companies with a paid up share capital of Rs. 10 crore or more; 2. Private Limited companies with a paid up....
April 3, 2014     by CS Samrish Bhanja
Now Private Limited Companies, irrespective of their capital, are not mandatory required to appoint KMP (Key Managerial Personnel). MD, Whole-time Director, CEO, CFO and Company Secretary have been defined in the CA 2013 to be the KMPs of the Company.  Following Companies....


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