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eMinds Legal is a Corporate Law Firm based in Gurgaon, India specializing in Corporate Legal, Corporate Secretarial and Compliance. The Firm comprises of a team of Corporate Lawyers and Company Secretaries with in-depth subject matter knowledge and participative industry experience of over 15 years.


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Articles by eMinds Legal

‘NOC’ from Forward Market Commission to use word Commodity Exchange

The Ministry of Corporate Affairs has issued a circular dated 27.06.2014 in continuation of circular 02/2014 dated 11.02.2014 which prohibited the companies to use the words like 'National' , 'Bank' etc. unless the company obtains NOC from the designated authorities like RBI for the use of word 'Bank' and such other words specified in the… Read More

Clarification on applicability of Resident Director

The Ministry of Corporate Affairs has issued a circular dated 26.06.2014 to provide clarification on the criteria of calculation of 182 days for the appointment of Resident Director as specified under section 149 (3) of the Companies Act, 2013 which says that a company shall have a director who has stayed in India for a… Read More

Budget could provide tax exemption to corporates for CSR

The Ministry of Finance is seriously considering the proposal made by the corporates for allowing the tax rebate to the corporate houses for the expenditure they have to make on the Social Welfare Schemes to be made as a part of their Corporate Social Responsibility (CSR). While the ministry had earlier opposed the idea of… Read More

Special Investigation Team Supreme Court Judgment

RBI/2013-14/663 RPCD.CO.RRB.RCB.BC.No. 113/03.05.33/2013-14 June 26, 2014 The Chairmen/Chief Executive Officers, All Regional Rural Banks / State and Central Co-operative Banks Dear Sir/Madam, Special Investigation Team Supreme Court Judgment In pursuance of the Hon'ble Supreme Court Judgment dated July 4, 2011, Government of India has constituted a Special Investigation Team (SIT) under the Chairmanship of Hon'ble… Read More

Amendment Notification on Chapter VII Rules under CA 2013

The Ministry of Corporate Affairs has issued a notification G.S.R. (E) dated 23rd June, 2014 in exercise of the powers conferred by sub-sections contained in Chapter VII dealing with Management and Administration read with section 469 which provides the power to the Central Government to make rules under the Companies Act, 2013, by virtue of… Read More

Clarification with regard to holding of shares in a fiduciary capacity by associate company under section 2(6) of the Companies Act, 2013.

General Circular no. 24/2014 F. No: 01/13/2013 -CL-V Government of India Ministry of Corporate Affairs `A' Wing, 5th Floor, Shastri Bhawan Dr. Rajendra Prasad Road, New Delhi-110001 Date: 25.06.2014 To All Regional Directors, All Registrars of Companies, All Stakeholders. Subject: Clarification with regard to holding of shares in a fiduciary capacity by associate company under… Read More

Clarification relating to incorporation of a company w.r.t. 4(7) of Companies Act, 1956

General Circular no. 23/2014 F. N: 1/13/2013 -CL-V Government of India Ministry of Corporate Affairs `A' Wing, 5th Floor, Shastri Bhawan Dr. R.P. Road, New Delhi-110001 Date: 25.06.2014 To All Regional Directors, All Registrars of Companies, All Stakeholders. Subject: Clarification relating to incorporation of a company i.e. company Incorporated outside India. Sir, Government has received… Read More

Clarification with regard to format of annual return applicable for Financial Year 2013-14 and fees to be charged by companies for allowing inspection of records

General Circular No. 2212014 No. 1/34/2013-CL-V (Part-I) Government of India Ministry of Corporate Affairs 5th Floor, A Wing, Shastri Bhavan, Dr R.P. Road, New Delhi. Dated: 25th June, 2014 To All Regional Directors, All Registrars of Companies, All Stakeholders. Subject: Clarification with regard to format of annual return applicable for Financial Year 2013-14 and fees… Read More

Exemptions for Private Companies under Companies Act, 2013

The Ministry of Corporate Affairs has issued a draft notification which is being placed before both the Houses of Parliament to provide privileges and exemptions to Private Companies and to receive public comments till 1st July, 2014 in exercise of the powers conferred by subsection (2) of section 462 of the Companies Act, 2013, namely:… Read More

Official liquidator (OL) at Hyderabad to act for Telangana

The Ministry of Corporate Affairs has issued a notification dated 13th June, 2014 No. S.O. 1524(E) which declares and establish the office of the Official Liquidator at Hyderabad to have territorial jurisdiction for the purposes of discharging the functions of Official Liquidator in the whole State of Telengana. The notification containing the above details can be accessed… Read More

Pre-certification of e-Forms under Companies Act, 2013

Ministry of Corporate Affairs Notification The Ministry of Corporate Affairs issued a notification to amend the Companies (Registration offices and fees) Rules, 2014 wherein certain rules have been inserted to provide for mandatory certification in the case of certain e-Forms required to be filed under the Companies Act, 2013 except for in the case of One… Read More

ROC Hyderabad to act for the State of Telangana

Ministry of Corporate Affairs Notification S.O. 1525(E).- In exercise of powers conferred by sub-section (1) and sub-section (2) of Section 396 of the Companies Act, 2013 (18 of 2013), the Central Government hereby establish the office of the Registrar of Companies at Hyderabad having territorial jurisdiction in the whole State of Telengana for discharging the… Read More

Confusion over deferment of eVoting for FY 2014-15 for Listed Companies

MCA had issued General Circular No. 20/2014. Clarification with regard to voting through electronic means on 17th June, 2014. As per General Circular No. 20/2014 dated 17/06/2014 the Ministry of Corporate Affairs (MCA) deferred the date of implementation of the the provisions related to e-voting to 31st December, 2014. As per Section 108 of the Companies Act,… Read More

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