Articles

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

FAQ’s on the Maternity Benefit (Amendment) Act, 2017

The Maternity Benefits Act, 1961 aims to regulate the women employed in factories, shops or commercial establishments 10 or more employees for certain period of leaves before and after child-birth. Recently, the Maternity Benefit (Amendment) Bill was introduced and passed in Lok Sabha on 9thMarch, 2017, by the Rajya Sabha on 20th March, 2017 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

Holiday Packages as Collective Investment Schemes : SEBI Perspectives and Ruling

Holiday Packages as Collective Investment Schemes : SEBI Perspectives and Ruling

EXECUTIVE SUMMARY The article delves into the recent Security Appellate Tribunal (“Tribunal”) judgment which has upheld the Security Exchanges Board of India (“SEBI”)- the (“Respondent”) order classifying the holiday schemes floated by Pancard Clubs Limited (“Appellants”) was indeed   a Collective Investment Scheme (“CIS”) and thereby directing the Appellants to inter-alia, refund the sum of money… Read More

Condonation of Delay by Central Government : Section 460 of the Companies Act, 2013

CONDONATION OF DELAY BY CENTRAL GOVERNMENT IN CERTAIN CASES (Section 460 of the Companies Act, 2013)     INTRODUCTION As per section 460 of the Companies Act, 2013 (“the Act”), Where any application required to be made to the Central Government, and Where any document required to be filed with the Registrar is not filed… Read More

Extension of Annual General Meeting (AGM)

EXTENSION OF ANNUAL GENERAL MEETING (SECTION 96 OF THE COMPANIES ACT, 2013)   INTRODUCTION Every company other than a One Person Company shall in each year hold an Annual General Meeting of the members of the Company in addition to any other meetings.   TIME PERIOD The first Annual General Meeting shall be held within… Read More

Note on Director Identification Number (DIN)

NOTE ON DIRECTOR IDENTIFICATION NUMBER (DIN)    Power of Central Government has been delegated to the Regional Director, Joint Director, Deputy Director or Assistant Director posted in the office of Regional Directors at Noida, Uttar Pradesh vide notification dated 21st May, 2014 in respect of section 153 and 154 of the Companies Act, 2013.  … Read More

Fast Track Exit (FTE) Scheme for LLP

FAST TRACK EXIT (FTE) SCHEME FOR LLP     APPLICATION BY LLP FOR STRIKE OFF ITS NAME FROM THE REGISTER OF LLP   [Rule 37 of the Limited Liability Partnership Rules, 2009]     Where a limited liability partnership (LLP) is not carrying on any business or operation since incorporation or for a period of… Read More

Condonation of Delay in case of Registration of Charge – Section 87 of the Companies Act, 2013

CONDONATION OF DELAY BY CENTRAL GOVERNMENT IN CASE OF REGISTRATION OF CHARGE (Rectification by Central Government in Register of Charges)  (Section 87 of the Companies Act, 2013 and Companies (Registration of Charges) Rules, 2014)   Please Note that Power of Central Government has been delegated to Regional Directors vide notification dated 19th December, 2016.  … Read More

Note on Section 8 Company

  NOTE ON SECTION 8 COMPANY   A section 8 Company or we can also called a Non-profit Company can be incorporated under the Companies Act, 2013 having the status of limited company without the addition to its name of the word “Limited” or “Private Limited” for Promoting Commerce, art, science, sports, education, research, social… Read More

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