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eMinds Legal Advocates & Solicitors

eMinds Legal is a Corporate Law Firm based in Gurgaon, India specializing in Corporate Legal, Corporate Secretarial and Compliance. The Firm comprises of a team of Corporate Lawyers and Company Secretaries with in-depth subject matter knowledge and participative industry experience of over 15 years.

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Articles by eMinds Legal

Recent Indian Supreme Court judgement on Provident Fund contributions: Impact on Indian and International Workers

The recent Indian Supreme Court judgement on what constitutes the Basic Wages has caused a lot of anxiety and uncertainty among a large majority of employers covered under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act). This judgement will impact both the Indian employees and the International Workers. If your organisation is… Read More

Modification of circular dated December 7, 2018 on Disclosure of significant beneficial ownership in the shareholding pattern

Securities and Exchange Board of India (SEBI) vide its circular dated 12th March, 2019 has modified the circular No. SEBI/HO/CFD/CMD1/CIR/P/2018/0000000149 dated December 7, 2018 with respect to disclosure of significant beneficial ownership in the shareholding pattern of listed entities to give effect to the amendments made by the Ministry of Corporate affairs (MCA) vide the Companies… Read More

Clarification on filing of e-form RD-1-Conversion of Public Company into Private Company and change in Financial Year

Ministry of Corporate affairs (MCA) vide its Circular No. 03/2019 dated 11/03/19 clarified that until a revised version of e-form RD-1, amended as per the provisions of Companies (Incorporation fourth Amendment) Rules, 2018 vide notification no. G.S.R 1219(E) dated 18/12/2018 for filing of application for change in financial year u/s 2(41) and for conversion of… Read More

Companies (Incorporation) 2nd Amendment Rule 2019

Ministry of Corporate affairs (MCA) vide its notification dated 6th March, 2019 has amended Companies (Incorporation) Rules, 2014 which may be called as Companies (Incorporation) second Amendment Rules, 2014- i) As per Rule 30(5)(a) of Companies (Incorporation) Rules, 2014  In case of shifting of registered office from one state to other state, an advertisement is required… Read More

eForm INC.22A – Form ACTIVE is available on MCA21 w.e.f 25th February 2019

eForm INC.22A -Form ACTIVE (Active Company Tagging Identities and Verification (ACTIVE) is available on MCA21 portal  w.e.f 25th February 2019. Please find below link to download the Form INC-22A :- http://www.mca.gov.in/MinistryV2/companyformsdownload.html     Read More

Fees for Form ACTIVE_ Companies (Regn offices and Fees) Amendment Rules, 2019

MCA vide its notification dated 21st Feb., 2019 amended Annexure to Companies (Registration offices and Fees) Rules, 2014 and prescribed for fees for filing of Form ACTIVE (Active Company Tagging Identities and Verification) provided under Rule 25A of the companies (Incorporation) Rules, 2014 as follows- Till 25th April, 2019 – Nil On or after 26th April, 2019-… Read More

Form ACTIVE (Active Company Tagging Identities and Verification)-Companies (Incorporation) Amendment Rules, 2019

Ministry of Corporate affairs vide its notification dated 21st Feb. 2019 effective from 25th Feb. 2019, has come up with a new requirement of filing of Form ACTIVE  (Active Company Tagging Identities and Verification) for filing the particulars of the Company and its registered office as per the following details- Mandatory for - all the companies… Read More

Extension for last date of filing initial return in MSME Form 1

MCA has issued Circular no. 01/2019 dated 21st Feb. 2019 in reference to the pending deployment of MSME Form I on MCA 21 portal,  stating that the period of 30 days for filing initial return in MSME Form 1 as specified in Specified Companies (Furnishing of information about payment to micro and small enterprise suppliers) Order,… Read More

Companies (Adjudication of Penalties) Amendment Rules, 2019

Ministry of Corporate affairs (MCA) has notified Companies (Adjudication of Penalties) Amendment Rules, 2019 dated 19th February, 2019, wherein the Central Government may appoint any of its officers not below the rank of Registrar, as adjudicating officers for adjudging penalty. The adjudicating officer for the purpose of adjudicating penalty, shall issue a written notice indicating… Read More

Companies (Prospectus and Allotment of Securities) Second Amendment Rules, 2019

As per the Companies (Prospectus and Allotment of Securities) Second Amendment Rules, 2019 dated 19th February, 2019, in the Annexure, in Form PAS 3, in serial no. 6, in item (b), the words "not allotted securities with an application size of less than twenty thousand per person" shall be omitted. Content of this Rule is… Read More

Institute of Chartered Accountants of India to withdraw its announcement regarding clarification on Applicability of Rotation principles on a Company as per Section 139 of the Companies Act, 2013

Ministry has issued a letter to Institute of Chartered Accountants of India (ICAI) dated 15th Feb, 2019 to withdraw its announcement regarding clarification on Applicability of Rotation principles on a Company as per Section 139 of the Companies Act, 2013, where the Company ceases to fall under the ambit of Rotation principles under subsequent years.… Read More

Check List of documents for filing of New Design Applications (online and Offline)

Check List of documents for filing of New Design Applications (online and Offline) In order to process the design applications faster, the applicants are hereby requested to submit/upload the following documents. The applicants are also advised to submit the original or paper copy of the electronically filed (e-filing) documents within 15 days of such electronic… Read More

Relaxation from requirement to furnish a copy of PAN for transfer of equity shares of Listed Entities executed by non- residents

Securities and Exchange Board of India (SEBI) vide its circular dated 11th February, 2019 under Section 11(1) of SEBI Act, 1992 read with regulation 101 and 102 of the Listing Obligations and Disclosure Requirements (LODR), addresses the difficulties faced by investors in transfer of physical shares as many of the non-residents do not possess PAN… Read More

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