Company Law - Corporate Law Reporter

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

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

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

MCA amends Auditors Rules w.r.t. limits for “Class of Companies” vide Not. dt. 22 June 2017

MCA, vide Notification dated 22nd June, 2017, has amended the Companies (Audit and Auditors) Rules, 2014. By this notification, the word "twenty" mentioned in Rule 5(b) has been substituted by the word "fifty". Pursuant to Section 139(2) of Companies Act, 2013, listed companies and certain class of companies are required to do rotation of their statutory… Read More