Category - Company Law

Whether Mens Reas necessary for Crimes by Companies

Whether Mens Reas is necessary for Crimes by Companies - Mens Rea means "Guilty Mind". Can a Company, which is an artificial person have a Guilty Mind? Hemanth beautifully provides an account in his Article below. The Hon™ble Supreme Court in Iridium India Telecom Ltd V Motorola Incorporated & Ors., had held that, the Companies… Read More

Tag: criminal law

Non Payment by Guarantor will constitute debt – HC allowed winding up petition

N & S & N CONSULTANTS S.R.O Vs. SRM EXPLORATION PRIVATE LIMITED Synopsis of the Case:- The Petitioner Company is a company which was registered under the laws of Czech Republic.  It had executed the agreement with M/s. Newco Prague, s.r.o. i.e. purchaser company, for sale of 100% equity  interest  of SP of W, a.s. at the purchase price of CZK  230,000,000. … Read More

Tags: corporate guaranteeGuaranteeNon payment by GuarantorWinding up

Effective Date for Companies (Particulars of Employees) Amendment Rules, 2011

CLR Note: MCA has notified the effective date for Effective Date for Companies (Particulars of Employees) Amendment Rules, 2011 as 1st April, 2011 i.e. all Directors' Reports approved after 1st April, 2011, irrespective of the accounting year, shall be in accordance with the Amendment Rules. The Amendment Rules had increased the limit of disclosure of Particulars… Read More

Tag: Section 217(2A) Companies Act

MCA- 21 now allows ROC to mark companies having Management Dispute

CLR Note: MCA -21 allows the Registrar of Companies to mark a company as having management dispute in case of receiving any complaints by them thus triggering an alarm for non-approval of any documents with regard to the company. Status will be marked as work in process until it is demarked by the Registrar. General… Read More

Form 32 filed with ROC can be challenged in Court of Law

CLR Note: Form 32 taken on record by ROC through the Straight Through Process i.e. certified by Professionals, will be without prejudice to the contesting parties to the rights of the parties to settle the dispute, if any, in a court of competent jurisdiction. General Circular No. 201201 1; Government of India- Ministry of Corporate Affairs, Dated: 02.05.201 1 All Regional… Read More

Tag: Form 32

MCA notifies changes in Forms 2, 3 ,18, 32 & 23C

CLR Note : The Ministry of  Corporate Affairs have  issued a notification dated 29th April, 2011, with regard to the changes in the E- Forms 2,3,18,23C & 32 wherein it has been observed that; In Form-2 there has been an addition of a requirement specifying as to, whether the copy of the valuation report of properties/ rights and shares… Read More

Tag: eforms

Agency to be appointed for monitoring the electronic voting process : MCA

Circular No.21 I201 1; Government of India- Ministry of Corporate Affairs; Dated: 02.05.20 1 1 CLR Note: The Green Initiative in the Corporate Governance brings again an added advantage, by providing an electronic platform for  the purpose of  electronic voting and for that the Ministry will soon appoint an agency  which will accurately monitor the voting process and most… Read More

Exemption Circular U/s 212 of Companies Act and its applicability for Unlisted Companies

General Circular No: 22/2011; Government of India- Ministry of Corporate Affairs;  Dated: 2nd May, 2011 All Regional Directors; All Registrars of Companies Subject: Clarification in respect of General Circular No: 2 /2011 dated 8th February,2011 It has been observed that certain companies are seeking clarification in respect of circular No. 2/11 dated 8.2.2011 issued by the Ministry in respect… Read More

Tag: section 212 companies act

MCA Clarifies- Now send Annual Accounts under Section 219 via e-mail

The Ministry of Corporate Affairs (MCA), has made certain elucidation  vide Circular no. 18/ 2011 dated 29th April 2011 with regard to the Green Initiative in the Corporate Governance wherein, the Companies are now allowed to send the Balance sheet, Profit& Loss A/C, Auditor's Report, Director's Report  and Explanatory Statement etc. via e- mode in accordance with  MCA Circular… Read More

Tags: Accounts via emailCircular no. 18/2011Section 219

SEBI Circular for ASBA facility

CIRCULARCIR/CFD/DIL/1/2011 April 29, 2011 CLR Note: Application Supported by Blocked Amount(ASBA)  is an applicationcontaining an authorization to block the application money in the bank account, for subscribing to an issue. If an investor is applying through ASBA, his application moneyshall be debited from the bank account only if his/her application is selected forallotment after the… Read More

SEBI reviews Annual Issuers’ Charges

CIR/MRD/DP/ 05 /2011 To, All Depositories/ all Stock Exchanges Dear Sir/Madam, Sub: Review of Annual Issuers™ charges 1. Please refer to SEBI Circulars  No. MRD/DoP/SE/Dep/Cir-4/2005 dated January 28, 2005 and No. MRD/DoP/SE/Dep/Cir-2/2009 dated February 10, 2009 on the captioned subject matter. 2. In partial modification to the above circulars, it has been decided to modify the methodology of… Read More

Whether legal heirs of a former employee are liable to be prosecuted under section 630 of the Companies Act, 1956 ?

Wrongful withholding of company property is an offence and the wrong doer can be proceeded against under section 630 of the Companies Act. Whether this section can be pressed into service even against the legal heirs of past employee is the crucial question examined in the light of recent judicial elucidations.   Introduction 1.         The… Read More

Stamp duty not payable in case of increase in Authorised Share Capital in Delhi

The Delhi High Court, in its recent judgment dated 21.04.2011,  has ordered that no Stamp duty can be levied on the increased amount of Authorised Share Capital. The Petitioner - M/s S.E. Investments questioned the authority and competence of the Registrar of Companies and  the Collector of Stamps- Govt. of National Capital Territory of Delhi to… Read More

Tag: Stamp duty in case of increase in Authorise share capital

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