Articles

Shifting of Registered Office Address

SHIFTING OF REGISTERED OFFICE ADDRESS {Section 12 and 13 of the Companies Act, 2013 and Rule 25, 26, 27, 28, 30 & 31 of Companies (Incorporation) rules, 2014}   {Power of Central Government of section 13 of the Companies Act, 2013 delegated to the Regional Director vides notification dated 19th December, 2016}   INTRODUCTION Every… Read More

Filing of Financial Statements and Cost Audit Report using XBRL taxanomy

NOTE ON XBRL FILING {Companies (Filing of Documents and Forms in Extensible Business Reporting Language) Rules, 2015}     INTRODUCTION   As per section 137 of the Companies Act, 2013, every Company is required to file its financial statements along with consolidated financial statements, if applicable, to the Registrar within 30 days of Annual General… Read More

Loan Against Fixed Deposit: How Good is it?

Fixed deposits are the most preferred way to save some funds in India. Fixed deposits are measured as a safer option as opposed to the stock market and mutual funds. Term of deposits can be of couple of types: first on is FD and second one is recurring deposits. FD is a most powerful investment option where… Read More

Tags: benefits of loan against fixed depositloan against FDLoan against fixed deposit

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

Compliances and Returns under Prevention of Sexual Harassment (POSH) Act

The Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 (commonly known as POSH Act or the Workplace Harassment Law) was notified on 23rd April, 2013 and the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Rules, 2013 were notified on 9th Dec, 2013 (jointly referred to as “Sexual Harassment… Read More

Tags: POSHSexual Harrasment Law

FAQ’s on Foreign Liabilities and Assets (FLA) annual return

The Annual Return on Foreign Liabilities and Assets (FLA) has to be filed by the Indian resident companies whosoever has received Foreign Direct Investment (FDI) and/ or made Overseas Direct Investment (ODI) in previous year(s), including the current year under FEMA 1999. The FLA return has to be filed by July 15 of every Year.… 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

Exemptions to IFSC Companies under Companies Act, 2013

In exercise of powers under the Section 462(1) of Companies Act, 2013 (“the Act”), the MCA has exempted the Companies which are licensed to operate by the RBI or SEBI or IRDA from the International Financial Services Centre (“IFSC”) located in an approved multi-services Special Economic Zone set-up under the Special Economic Zones Rules, 2006… Read More

Tag: EXEMPTION TO IFSC COMPANIES

Imposition of minimum penalty not mandatory in compounding of offences: NCLT

EXECUTIVE SUMMARY Compliance to the laws enacted for man results in good governance, whereas its non-compliance can result in offence. To understand the present order of NCLT in the matter of UW International Training & Education Centre for Health Pvt. Ltd.[1] where it has held that the principle of imposition of minimum penalty is non-mandatory… Read More

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

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