November 14, 2018     by Kirti Arora
The most important decision which a start-up needs to take is the choice of business organization, whether to go for a LLP or a Private Company. Both LLP and Private Limited Company structure offer same benefits such as Limited Liability, Separate Legal Entity, Perpetual....
May 15, 2018     by Kavita Agrawal
The Micro, Small and Medium Enterprises (MSME) sector has emerged as a highly vibrant and dynamic sector of the Indian economy over the last five decades. These enterprises power India, accounting for almost 40% of gross industrial value and 45% of total direct and indirect....
May 10, 2018     by Mayank Verma
In 2017, more than 200,000 companies were struck off to remove the inoperative companies from the Records of the Register of Companies and more than 3,00,000 Directors were disqualified by deactivation of their DIN (Director Identification Number). These stringent measures were....
February 19, 2018     by Mayank Verma
  BRIEF INTRODUCTION A company is a legal person formed under the applicable laws in order to do a business/activity by complying the laws of the land. In India, Companies Act, 2013 has many provisions in order to maintain transparent working of the company.  When these....
January 9, 2018     by Akshay Kapoor
The Companies Act, 2013 has been enacted for the purpose of promoting the good corporate practices, greater transparency and effective stakeholder management. In order to achieve the core objectives of the Act, it provides regulators with enormous powers. Recently two major....
August 3, 2017     by Srishti Luthra
  Over the years, the concept of ‘Majority Rule and Minority rights’ has been a matter of great controversy. It is evident from the principle laid down in ‘Foss v Harbottle’ that the will of the majority shall hold and even the Courts refuse to interfere in the....
August 2, 2017     by Sanjoli Singh
Over 1.62 lakh companies have not been carrying out business activities for long have been deregistered and a series of action against such shell companies have been taken, said the Minister of Finance, Mr. Arun Jaitely. Registrar of Companies (ROC), by the virtue of power....
May 2, 2017     by Mayank Verma
SEBI vide circular dated May 30, 2012 issued guidelines facilitating the exit of Derecognized/Non-operational stock exchanges and exit to the shareholders of exclusively listed companies (ELCs) by allowing them to get listed on nationwide stock exchanges after complying with the....
March 21, 2017     by CS Gyanendu Shekhar
Introduction. During the last 10-15 years, despite of enjoying the demographic dividend and abundance of resources, many projects were stalled thereby reducing the growth of the economy and loss of jobs. The case of Vedanta Resources in Orissa can be quoted as an example. The....
December 10, 2014     by Aakanksha Bhatia
Secretarial Audit is Compliance Audit; it is a part of total Compliance Management in an organization. The Secretarial Audit is an effective tool for Corporate Compliance Management. It is an audit by Company Secretary in Practice. It helps ensure timely corrective measures when....
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....
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 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 1, 2014     by CS Samrish Bhanja
(revised upto August 3, 2016) CIN to be there on Letter Head: The Corporate Identity Number which is a 21 digit number allotted by the Ministry of Corporate Affairs – this needs to be now printed in the company letter heads/ invoices and any other official documents of the....
March 11, 2014     by CS Samrish Bhanja
(Amended upto June 5, 2015)   As you are aware that the Ministry has now enforced 98 sections of the Act vide notification dated September 12, 2013. The said sections have come into effect from September 12, 2013. One of the enforced provisions is Section 102 dealing with....
February 28, 2014     by Samrish Bhanja and Sonam Malkotia
Important Note: The provisions for transfer of dividend to Investor Education and Protection Fund have been amended w.e.f. 7th September 2016. For latest provisions, see Various Timelines Under the Companies Act, 2013 for IEPF Compliances. Provisions Under the Companies Act,....


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