Category - Company Law

REVERSE PIERCING OF CORPORATE VEIL: AN UNEMPLOYED PHENOMENON IN INDIA

Abstract The foundation of corporate governance rests on the principle that a company is a separate legal entity, distinct from its members and its shareholders offering them financial protection. Gradually, Courts realized that this ensured limited liability of individuals is often abused to achieve their selfish goals. The necessary ascent of an equitable doctrine of… Read More

Tags: Companies ActIndiaLawUnited States

MCA constitutes GST Facilitation Cell

F. No. 32/1/2017-R&A R&A Division Government of India Ministry of Corporate Affairs   5th Floor, A Wing, Shastri Bhawan Dr. Rajendra Prasad Road New Delhi-110001 Date 03/07/2017   OFFICE MEMORANDUM Subject: Constitution of GST Facilitation Cell of Ministry of Corporate Affairs (MCA) The Undersigned is directed to state that a GST Facilitation Cell has been… Read More

MCA amends National Company Law Tribunal Rules, 2016

[To be published in the Gazette of India, Extra-ordinary, Part-ll, Section 3, Sub- section (i)l MINISTRY OF CORPORATE AFFAIRS Notification New Delhi, dated the 5 July,2017 G.S.R. _ (E).- In exercise of the powers conferred by sub-section (l) and sub-section (2) of section 469 of the Companies Act, 20 13 ( 18 of 2013), the Central Government… Read More

MCA amends the Appointment and Qualification of Directors Rules

[To be published in the Gazette of India, Extraordinary, Part II, Section 3, SubSection (i)l MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, the 5 July, 2017 G.S.R, -(E).- In exercise of the powers conferred by the second proviso to sub-section (1), sub-section (4), clause (f) of sub-section (6) of section'1.49, subsections (3) and (4) of… Read More

MCA amends Schedule IV of the Companies Act 2013

Central Government, in exercise of powers conferred by Sub-section(1) of section 467 of Companies Act, 2013 makes amendment to Schedule IV of the Companies Act, 2013.   [TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY' PART II' SECTION 3, SUB-SECTION (ii)] Government of India Ministry of Corporate Affairs Notification New Delhi, dated, the 5th… Read More

MCA amends Companies (Transfer of Pending Proceedings) Rules, 2016

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)] Ministry of Corporate Affairs Notification New Delhi, the 29th June, 2017 GSR _(E).- In exercise of the powers conferred under sub-sections (1) and (2) of section 434 of the Companies Act, 2013 (18 of 201 3) read with sub-section (1)… Read More

MCA issues order to remove difficulties in proceedings under the CA, 1956

MINISTRY OF CORPORATE AFFAIRS ORDER New Delhi, the 29th June, 2017   S.O. 2042(E).—Whereas clause (c) of sub-section (1) of section 434 of the Companies Act, 2013 (hereinafter referred to as the 2013 Act) provides that on a date which may be notified by the Central Government for the purpose of transfer of pending proceedings,… Read More

MCA invites comments on amendments to Companies (Specification of Definitions Details) Rules, 2014

Government of India Ministry of Corporate Affairs Policy Section No. 3/3/2017-CL-I New Delhi, the 28th June, 2017 Public Notice The proviso to clause (87) of section 2 of the Companies Act, 2013 provides for restricting class or classes of holding companies from having layers of subsidiaries beyond prescribed number. Based on suggestions received, the Ministry… Read More

CCI exempts enterprises entering into combination for 5 years

MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, the 29th June, 2017 S.O. 2039(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 every person or enterprise who is a party to a combination as referred to in… Read More

FastTrack Merger- A novel change in the restructuring of Companies

Corporate restructurings often are tailored to the needs of the business undergoing the overhaul. The main objective behind corporate restructuring is realignment of business divisions, positioning the company to be more competitive, surviving an adverse economic climate, or acting on the self-confidence of the corporation to move in an entirely new direction. In commercial parlance… Read More

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