Company Law - Corporate Law Reporter

Delegation of Powers to Registrar of Companies (ROC)

[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, the 21st May, 2014 S.O._______ (E).- In exercise of the powers conferred by section 458 of the Companies Act, 2013 (18 of 2013), and in supersession of the notification… Read More

Book on Companies Act, 2013 with Rules, Circulars, Notifications and Orders by eMinds Legal

COMPANIES ACT, 2013 - SIMPLIFIED - BY EMINDS LEGAL, 2ND EDITION Analytical Commentary on the provisions of the Companies Act, 2013 containing Section-wise Comments, Applicable Rules, Notifications, Circulars & Orders along with comparative tables of the 1956 : 2013 Acts and Tables with checklists consolidating different provisions of the Act and the Rules. Companies Act,… Read More

Role of Stock exchange in Corporate Governance

Introduction. Corporate Sectors want a wide market for trading of securities. The investors want liquidity for their investments. The securities which they hold should easily be sold when they need cash. Thus, there should be a place where the securities may be purchased and sold. Stock exchange provides such a place where securities of different… Read More

Revised Exposure Drafts of Secretarial Standards With Respect To General and Board Meetings For Public Comments (Last Date For Comments: May 21, 2014)

REVISED EXPOSURE DRAFTS OF SECRETARIAL STANDARDS WITH RESPECT TO GENERAL AND BOARD MEETINGS FOR PUBLIC COMMENTS (Last Date for comments: May 21, 2014) Section 118(10) of the Companies Act, 2013 provides that every company shall observe Secretarial Standards with respect to General and Board Meetings specified by the Institute of Company Secretaries of India constituted… Read More

One time opportunity for extension of Period of Reservation of Name

General Circular No. 11/2014 MCA21/ 72/2014-e-gov.Cell Government of India Ministry of Corporate Affairs "A" Wing, 5th Floor, Shastri Bhawan Dr. R.P Road, New Delhi-110001 Date 12th May, 2014 To All Regional Directors, All Registrar of Companies, All Stakeholders. Sub: - One time opportunity for extension of Period of Reservation of Name. Sir, Services for incorporation… Read More

Bombay High Court Order on CA2013: Rules not valid from 1st April, 2014 if not notified in Official Gazette

Bombay high court in scheme of amalgamation between Wadala Commodities Limited with Godrej Industries Limited has passed a judgment on postal ballot and e-voting. Court has observed that postal ballot and e-voting is an additional facility and cannot have the effect of dispensing the general meeting at all. Further, the court stated that gazetted copy… Read More

Problems encountered in new MCA forms

46 new e-forms have been made available for filing w.e.f. 28.04.2014. In case there is any issue faced by stakeholders in filling up or filing any of these 46 e-forms, they are requested to raise ticket with MCA helpdesk by using link www.mca.gov.in/MinistryV2/complaints.html. In addition to describing the problem in the ticket they should also… Read More

DIGITAL SIGNATURE – HOW DOES IT WORK AND ITS RELEVANCE UNDER THE COMPANIES ACT, 2013

INTRODUCTION Every Professional is familiar with the usage of his Digital Signatures in all the MCA-21 E-Forms since 2006. Now the Companies Act, 2013 has extended its scope further. The Act now requires authentication of entries in the Statutory Registers by affixing digital signatures of the Authorised Signatory from time to time when the same… Read More

Amendment Rules Chapter 24(II)-The Companies (Registration Offices and Fees) Amendment Rules, 2014

MCA has vide its notification dated 28th April 2014 amended the Companies (Registration Offices and Fees) Rules 2014. The major provisions introduced are related to exemption to OPC and small companies with respect to requirement of pre-certification of eForms. The e-forms (as mentioned in the attached notification) filed by companies, other than one person companies… Read More

46 MCA eForms operational from 10 am today i.e. 28th April, 2014-Gen Circular No. 9/ 2014

Stakeholders may kindly note that the newly notified 46 eforms would be available for uploading effective from 10 AM (instead of 8 AM) on 28th April 2014. Earlier it was planned to roll out the forms on 14th April, 2014 but it was later deferred to 28th April, 2014 in order to do a single… Read More

Effective date of Rules under Companies Act, 2013 – MCA clarification

MCA clarifies that all Rules published under Companies Act, 2013 are effective 1st April, 2014. MCA has released the attached statement on its website clarifying the above. This puts to rest the doubts that had arisen for certain rules which were mentioned to be applicable from the date of publication in official gazette, however, the same… Read More

Cap on Auditors for audit of 20 Companies not justified

The Institute of Chartered Accountants of India (ICAI) has asked the Ministry of Corporate Affairs to exempt private limited and small companies from the ambit of the restriction imposed by Section 141 of the Companies Act, 2013 on Eligibility, qualifications and disqualifications of auditors which caps the number of audits which may be conducted by any auditor… Read More

Corporate Governance in listed entities – Amendments to Clauses 35B and 49 of the Equity Listing Agreement

CIRCULAR No. CIR/CFD/POLICY CELL/2/2014 dated April 17, 2014 1. Please refer to master circular No. SEBI/CFD/DIL/CG/2004/12/10 dated October 29, 2004 on Clause 49 of the Equity Listing Agreement. 2. The Companies Act, 2013 was enacted on August 30, 2013 which provides for a major overhaul in the Corporate Governance norms for all companies. The rules pertaining… Read More