Companies Act 1956 | Corporate Law Reporter

Clarification with regard to Section 185 of the Companies Act, 2013

General Circular No 03/2014 No.01/12/2013-CL.V Government of India Ministry of Corporate Affairs 5th Floor,™ A' Wing, Shastri Bhawan, Dr. R.P. Road, New Delhi-110001. Dated: 14/2/2014 To All Regional Directors, All Registrar of companies, All Stakeholders. Subject: Clarification with regard to Section 185 of the Companies Act, 2013. Sir, 1. This Ministry has received number of… Read More

Tags: Companies Act, Companies Act 1956, Holding company, Loan, New Delhi, Registrar of Companies, Section 372A of the Companies Act, Subsidiary

Prosecution Architecture Under The Companies Act 2013

Foreword Mechanism For Criminal Proceedings Under The Present Companies Act 1956 Generally at the time of scrutinizing the Balance Sheet and Other Financial Statements of the Company, if Registrar of Companies come across any lapses on part of the Company in recording the transactions and financial irregularities etc. and observed provisions of Companies Act 1956… Read More

Tags: Central Government, Companies Act, Companies Act 1956, Company Law Board, Registrar of Companies, Securities & Exchange Board of India, Serious Fraud Investigation Office, SFIO

Report by Regional Director (RD) u/s 394A of the Companies Act, 1956- Taking accounts of comments/inputs from Income Tax Department and other sectoral Regulators while filing reports by RD

General Circular No 1/2014, Dated :15th January 2014 Subject: Report u/s 394A of the Companies Act, 1956- Taking accounts of comments/inputs from Income Tax Department and other sectoral Regulators while filing reports by RDs. Section 394A of the Companies Act, 1956 requires service of a notice on the Central Government wherever cases involving arrangement/compromise (under Section 391) or reconstruction / amalgamation (under… Read More

Tags: Amalgamation, Central Government, Companies Act 1956, Government, Government of India, Income tax, Merger, RD report, Registrar of Companies, Section 394

Buy back of Shares – Need of Listed and Unlisted Companies

Buy back of Shares: Need of Listed and Unlisted Companies Ishwar Ahuja & Isha Gandhi* Outline When Companies with outstanding businesses and comfortable financial positions find their shares selling far below the intrinsic value in the marketplace, no alternative action can benefit shareholders as surely repurchases. - Warren Buffett The term Buy back has two… Read More

Tags: Bank of England, Companies Act, Companies Act 1956, Diluted earnings per share, India, Public company, Securities and Exchange Board of India, Warren Buffett

Companies Act 2013 and Draft Rules there under – Commentary on Drafting anomalies, aberrations, contradictions et al – Urgent Need for Review

Introduction The much awaited Companies Act 2013 (hereinafter referred to as The Act) is now a valid piece of legislation having received presidential assent in August last year. The Act is now operational, albeit, partially with 98 provisions having been notified for application effective September 12,2013.The other provisions have been kept in suspended animation awaiting… Read More

Tags: Board of directors, Companies Act, Companies Act 1956, Companies Act 2013, Company, Debenture, Government, Sections

Corporate Ethics and Corporate Governance – Who will guard the guards?

(Speech delivered by Dr. (Smt) Deepali Pant Joshi, Executive Director, Reserve Bank of India at the National Institute of Securities Markets, Kolkata on 11th December, 2013) Introduction At the outset, let me congratulate the organisers for this topical choice of subject, one which concerns us all. I thank Director, National Institute of Securities Markets, Dr.Sandip Ghose… Read More

Tags: Board of directors, Chairman, Companies Act 1956, Corporate Governance, Corporation, National Institute of Securities Markets, Reserve Bank of India, Sarbanesâ€“Oxley Act

Provisions for Enquiring Into Irregularities of Corporates

No instance of Satyam Computers like corporate fraud and malfeasance has so for come to light. Giving this information in written reply to a question in the Lok Sabha today, Shri Sachin Pilot, Minister for Corporate Affairs, said that alleged irregularities are enquired into through the following measures: ¢ Conducting technical scrutiny of the Balance… Read More

Tags: Balance sheet, Companies Act, Companies Act 1956, Corporate Affairs Ministry, LokSabha, Registrar of Companies, Sachin Pilot, Shri Sachin Pilot

MCA Measures to Prevent and Deal with Occurrence of Frauds

During the last three years and the current year (till date), the Ministry of Corporate Affairs has ordered investigations under section 235 and section 237 of the Companies Act, 1956 in 139 cases of alleged corporate frauds through the Serious Fraud Investigation Office (SFIO) of the Ministry. Giving this information in written reply to a question… Read More

Tags: Collective investment scheme, Companies Act, Companies Act 1956, Corporate Affairs Ministry, Corporate Governance, LokSabha, Sachin Pilot, West Bengal

Amendment of Accounting Standards

Examination of various Rules and Accounting Standards under the Companies Act, 2013 is an ongoing process. Giving this information in written reply to a question in the Rajya Sabha today, Shri Sachin Pilot, Minister of Corporate Affairs, said that Accounting Standards are amended from time to time keeping in view the requirements of the situation.… Read More

Tags: Companies Act, Companies Act 1956, Corporate Affairs Ministry, LokSabha, Minister of Corporate Affairs, Rajya Sabha, Sachin Pilot, Shri Sachin Pilot

Use of Unclaimed Funds Lying With Companies

As specified in Section 205C of the Companies Act, 1956, companies are required to transfer such amounts as have remained unclaimed and unpaid on account of dividends, matured deposits and debentures with companies for a period of seven years from the date that they become due for payment to Investor Education and Protection Fund (IEPF).… Read More

Tags: Companies Act, Companies Act 1956, Corporate Affairs Ministry, India, Investor education, LokSabha, Rajya Sabha, Sachin Pilot

Investigation of Corporate Frauds by Serious Fraud Investigation Office

During the last three years, the Ministry of Corporate Affairs has ordered investigations under section 235 of the Companies Act, 1956 in 134 cases of corporate frauds through the Serious Fraud Investigation Office (SFIO) of the Ministry. Year-wise details are as under: Year No. of companies ordered for investigation 2011-12 12 2012-13 46 2013-14 (Till… Read More

Tags: Companies Act, Companies Act 1956, Corporate Affairs Ministry, French Section of the Workers' International, Lok Sabha, Securities & Exchange Board of India, SFIO, West Bengal

Implementation of the New Company Law

The Companies Act, 2013 has been assented to by the President of India on 29.08.2013 and published in the Official Gazette on 30.08.2013 which empowers the Central Government to bring into force various sections from such date(s) as may be notified. Accordingly, 98 Sections of the Companies Act, 2013 have been notified on 12.09.2013. Giving… Read More

Tags: Companies Act, Companies Act 1956, Corporate Affairs Ministry, Government of India, India, Lok Sabha, Sachin Pilot, Site of Special Scientific Interest

Implications of insertion of the word ˜person™ – Section 186 of the Companies Act, 2013

Disclaimer: The views expressed in this article are solely the views of the author and are not connected in any way with the views of the Company/ or the Group where the author is employed. By: Narendra Singh, Company Secretary, Essel Mining & Industries Limited (An Aditya Birla Group Company) ----------------------------------------------------------------- BACKGROUND The term ˜person™… Read More

Tags: Board, Companies Act, Companies Act 1956, Companies Act 2013, Company Secretary, Corporate Affairs Ministry, Corporation, MCA