Category - Company Law

MCA notifies certain provisions of section 212 of the Companies Act, 2013

MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, the 24th August, 2017 S.O. 2751(E).—In exercise of the powers conferred by sub-section (3) of section 1 of the Companies Act, 2013 (18 of 2013), the Central Government hereby appoints the 24th day of August, 2017 as the date on which the provisions of sub-sections (8), (9) and… Read More

MCA amends National Company Law Appellate Tribunal Rules

MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, the 23rd August, 2017 G.S.R. 1061(E).—In exercise of the powers conferred by sub-section (1) and sub-section (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the National Company Law Appellate Tribunal Rules, 2016, namely:… Read More

Competition Commission of India amends Lesser Penalty Regulation

THE COMPETITION COMMISSION OF INDIA NOTIFICATION The Competition Commission of India (Lesser Penalty) Amendment Regulations, 2017 (No. 1 of 2017) New Delhi, the 8th August, 2017 No. L-3(4)/Reg-L.P./2017-18/CCI.—In exercise of the powers conferred by section 64, read with section 46 and clause (b) of section 27 of the Competition Act, 2002 (12 of 2003), the… Read More

ICSI withdraws Secretarial Standards- 1& 2 w.e.f 30th September, 2017

THE INSTITUTE OF COMPANY SECRETARIES OF INDIA (Statutory Body under an Act of Parliament) NOTIFICATION New Delhi, the 16th August, 2017 F. No. ICSI/6/2017.—The Notification ICSI No.1 (SS) of 2015 dated 23rd April, 2015, published in the Gazette of India, Part III, Section 4, with regard to (i) SS-1: Secretarial Standard on Meetings of the… Read More

MCA invites comments on Draft Companies (Cost Records and Audit) Amendment Rules

Government of India Ministry of Corporate Affairs NOTICE INVITING COMMENTS ON THE DRAFT COMPANIES (COST RECORDS AND AUDIT) AMENDMENT RULES, 2017 Dated: 11th August, 2017 Pursuant to implementation of IndAS, the Companies (Cost Records and Audit) Rules, 2014 are to be amended to bring parity between financial records and cost records. Accordingly, the Draft Companies… Read More

Govt. exempts Regional Rural Banks from M&A purview under Competition Act

MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, the 10th August, 2017 S.O. 2561(E).—In exercise of the powers conferred by clause (a) of section 54 of the Competition Act, 2002 (12 of 2003), the Central Government, in public interest, hereby exempts the Regional Rural Banks in respect of which the Central Government has issued a notification… Read More

9 reasons why you should set-up a Compliance Framework for your organisation

Dear Professional Colleague: I am sure that you will agree with me that the Compliance environment in India seems to suddenly have caught momentum. Many old laws are being repealed to give way to the new age laws like Companies Act, 2013 (CA2013), Prevention of Sexual Harassment of Women at Workplace Act, Maternity Benefit (Amendment)… Read More

Tags: ComplianceCompliance FrameworkCompliance ManagementRegulatory compliance

Amendment to Company Incorporation Rules: Shifting of registered office

SHIFTING OF REGISTERED OFFICE OF COMPANY Ministry of Corporate Affairs has issued the notification to further amend the Companies (incorporation) Rules, 2014 (hereinafter referred to as the principal rules) namely: the Companies (incorporation) Second Amendment Rules, 2017.   They shall come into force on the date of their publication in the official gazette http://www.mca.gov.in/Ministry/pdf/CompaniesIncorporationSecondAmendmentRules2017.pdf RULE 28: Shifting… Read More

MCA amends Incorporation Rules w.r.t. shifting of registered office

Ministry of Corporate Affairs vide its notification MCA dated 27th July, 2017, has amended the Companies (Incorporation) Rules, 2014 and changes has been made in Rule 28-Shifting of Registered Office within the same State and Rule 30-Shifting of Registered office from one State or union Territory to another State. Further, as per amended Rule 30,… Read More

Managing Internal Financial Controls – Recent Amendments

Dear Professional Colleague: Internal Financial Controls means the policies and procedures adopted by the company for ensuring the orderly and efficient conduct of its business, including adherence to company’s policies, the safeguarding of its assets, the prevention and detection of frauds and errors, the accuracy and completeness of the accounting records, and the timely preparation… Read More

Tags: ICOFRIFCInternal Controls Over Financial ReportingInternal Financial Controls

MCA constitutes 2 committees to review 10 years old and above cases of different regions

No. 16/37/2017 -Legal Government of India Ministry of Corporate Affairs 5th Floor, “A” Wing, Shastri Bhawan, Dr. R.P. Road, New Delhi- 110001 Dated: 25.07.2017 ORDER Subject: Constitution of two Review Committee (s) for reviewing the 10 year old and above cases of different regions and in office of SFIO for withdrawal of prosecutions – regarding Pursuant… Read More

MCA clarifies applicability of exemptions to private companies under Companies Act

 Ministry clarifies about the applicability of  the notification No.G.S.R.583(E) dated 13th June, 2017. The exemption shall be applicable for those audit reports in respect of which financial statements pertaining to financial years-commencing on or after 1st April,2016, which are made on or after the date of the said notification. General Circular No. 08 /2017 F.No. W2014-… Read More

JLF or IBC? – Can a single dissenting lender derail the process adopted by other lenders under extant JLF Guidelines?

Reserve Bank of India (“RBI”) and Government of India (“GoI”) have been relentlessly showing their willingness to resolve the near about 6 Lakh Crores worth of Non Performing Assets in the country. Manifesting such willingness, GoI has passed the Banking Regulation (Amendment) Ordinance, 2017 to equip RBI to direct insolvency resolution of specific companies to… Read More

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