Category - Company Law

DIFFERENTIAL VOTING RIGHTS AND ITS TREATMENT UNDER COMPANIES ACT,2013

A corporation is a web of contractual arrangements. Post the infamous Satyam case, the need of structured and democratic governance is felt by one and all. The concept of Differential Voting Rights is a traditional one and has received acceptance from other jurisdictions as well. The approach of the author in understanding the treatment of… Read More

MCA amends Auditors Rules w.r.t. limits for “Class of Companies” vide Not. dt. 22 June 2017

MCA, vide Notification dated 22nd June, 2017, has amended the Companies (Audit and Auditors) Rules, 2014. By this notification, the word "twenty" mentioned in Rule 5(b) has been substituted by the word "fifty". Pursuant to Section 139(2) of Companies Act, 2013, listed companies and certain class of companies are required to do rotation of their statutory… Read More

Insolvency and Bankruptcy Board notifies IBBI (Inspection and Investigation) Regulation,2017

The Insolvency and Bankruptcy Board of India notifies the Insolvency and Bankruptcy Board of India (Inspection and Investigation) Regulations, 2017 . Under this Regulation, the board shall order to inspect or inspect the service providers defined under Section 2(1)(j) of regulation to ascertain whether adequate internal control systems, procedures and safeguards have been established and… Read More

DIR-5 (Application for surrender of Director Identification Number) will be deployed as an e-form for filing purposes shortly

Dear Professional Colleagues, In terms of Rule 11(f) of the Companies (Appointment and Qualification of Directors) Rules, 2014, the Central Government or Regional Director (Northern Region), Noida or any officer authorised by the Regional Director may, upon being satisfied on verification of particulars or documentary proof attached with the application received alongwith fee as specified… Read More

Insolvency Professional to obtain Certificate of Registration under Insolvency Code:IBBI

INSOLVENCY AND BANKRUPTCY BOARD OF INDIA PRESS RELEASE 15th June, 2017 No person to function as an Insolvency Professional without Certificate of Registration Section 3 (19) of the Insolvency and Bankruptcy Code, 2016 (Code) defines ‘insolvency professional’ to mean a person enrolled under section 206 with an insolvency professional agency (IPA) as its member and… Read More

IBBI notifies Fastrack Insolvency Resolution Process for Corporate Persons Regulations

INSOLVENCY AND BANKRUPTCY BOARD OF INDIA PRESS RELEASE 15th June, 2017 Insolvency and Bankruptcy Board of India notifies Fast Track Insolvency Resolution Process for Corporate Persons Regulations The Insolvency and Bankruptcy Board of India (IBBI), in exercise of its powers conferred by sections 58, 196 and 208 read with section 240 of the Insolvency and… Read More

Analysis of Exemptions to Private Companies vide notification dated 13th June 2017

MCA vide notification dated 13th June 2017, amended the principle notification providing exemptions to Private Companies vide notification no. 464(E) dated 5th June, 2017. The exceptions, modifications and adaptations provided under exemption notification dated 5th June 2015 and 13th June 2017, shall be applicable to a Private Company only if has not committed a default… Read More

Amendment in Exemptions granted to Section 8 Companies vide notification dated 5th June 2015

Vide Notification dated 13th June 2017, in exercise of the powers conferred by clauses (a) and (b) of sub-section (1) of section 462 and in pursuance of sub-section (2) of section 462 read with section 8 of the companies Act, 2013 (18 of 2013) (hereinafter referred to as the said Act), the central Government, in… Read More

Amendment in Exemption granted to Government Companies vide notification dated 5th June 2015

Vide notification dated 13th June 2017, in exercise of the powers conferred by clauses (a) and (b) of subsection (1) of section 462 and in pursuance of sub-section (2) of section 462 of the Companies Act, 2013 (18 of 2013) (hereinafter referred to as the said Act), the Central Government, in the interest of public,… Read More

Exemption to Private Companies specially OPC, Small Companies & Start up companies

MCA vide notification dated 13th June 2017, in exercise of the powers conferred by clauses (a) and (b) of subsection(1) of section 462 and in pursuance of sub-section (2) of section 462 of the Companies Act, 2013 ('18 of 2013) (hereinafter referred to as the said Act), the Central Government, in the interest of public,… Read More

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