Category - Company Law

MCA notifies a majority of sections of Companies Act, 2013 from 1st April, 2014

The Ministry of Corporate Affairs has notified a majority of sections of Companies Act, 2013 from 1st April, 2014. The notification is attached herewith.   Read More

One Person Company and its limited liability

Introduction. The ˜One Person Company™ is a very new concept introduced by the Companies Act 2013. Section 2(62) of the Companies Act 2013 defines ˜One Person Company™. Though the meaning of the term can be determine by the name itself that it consists of one member only. OPC provides a whole new bracket of opportunities… Read More

MCA Clarification with regard to section 180 of the Companies Act, 2013

General Circular no. 04 /2014 No. I/32/20I3- CL V (ft. File) Government of India Ministry of Corporate Affairs 5m Floor, 'A'Wing, Shastri Bhavan, Dr. R P Road, New Delhi-l10001. Dated:25/03/2014 To All Regional Directors, All Registrar of Companies, All the Stakeholders, Subject: Clarification with regard to section 180 of the Companies Act, 2013. Sir, This… Read More

Important Notice by MCA – Steps initiated for Migration to Companies Act, 2013

IMPORTANT NOTICE by Ministry of Corporate Affairs (Source: MCA) All forms under RSUB/PUCL would be marked back to respective officials of the ROC/RD/Central Government as the case may be starting midnight 25 Mar 14. The forms would be processed by the respective officials. However, Form FTE, Form EES2010, Form EES2011, Refund Form, Investor Complaint Form… Read More

Incorporation of Private Limited Company under Companies Act 2013

WHAT DOES THE ACT SAY REGARDING PRE INCORPORATION AND POST INCORPORATION? PRE INCORPORATION Q: Who shall a form a Private Limited Company? A: Two are more persons can form a Private Limited Company to conduct any lawful business {Section 3(1)} Q: What are the various methods of forming a Private Limited Company? A: There are… Read More

National Seminar on Corporate Valuation

National Seminar on Corporate Valuation - Practice & Procedure - Wednesday, 30th April, 2014        Hotel The Royal Plaza, New Delhi   Greeting from ASSOCHAM...!!!   Corporate valuations form the basis of corporate finance activity, including Capital Raising, Mergers, Acquisitions, Demergers and Disposals. Even various provisions of Companies Act, 2013 has given great emphasis to the… Read More

SEBI Local Office inaugurated at Ranchi

The local office of Securities and Exchange Board of India (SEBI) at Ranchi was inaugurated by Shri R.S. Sharma, Chief Secretary, Government of Jharkhand, today, in the presence of Shri U.K. Sinha, Chairman, SEBI. Speaking on the occasion, Shri Sharma stressed on the need for the public financial institutions and regulators to work towards financial… Read More

Companies Act 2013 to come into force from 1.4.2014

PUBLIC NOTICE The Ministry of Corporate Affairs is going to introduce the new forms pertaining to the New Act probably from 01.04.2014. The Ministry shall close down the Front Office portal after 25.03.2014. The Ministry has directed that all the work items should be cleared on or before 25.03.2014 because these work items will not… Read More

PRIVATE PLACEMENT UNDER COMPANIES ACT, 2013

Private placement means any offer of securities or invitation to subscribe securities to a select group of persons by a company (other than by way of public offer) through issue of a private placement offer letter and which satisfies the conditions specified in section 42.  If a company, listed or unlisted, makes an offer to… Read More

NCLT put on hold pending writ petition by Madras Bar Association

The government has put the process on hold pending a writ petition filed by the Madras Bar Association in the Supreme Court two months after inviting applications for the posts of judicial members in the National Company Law Tribunal. The Ministry of Corporate Affairs has told the Supreme Court that the process of recruiting judicial and… Read More

Anti-Money Laundering/Countering the Financing of Terrorism (AML/CFT) Obligations of Securities Market Intermediaries under the Prevention of Moneylaundering Act, 2002 and Rules framed there under

Securities and Exchange Board of India CIRCULAR CIR/MIRSD/1/2014 March 12, 2014 To, All Intermediaries registered with SEBI (Through the stock exchanges for stock brokers and sub brokers, Depositories for depository participants and AMFI for Asset Management Companies) Dear Sir/Madam, Sub: Anti-Money Laundering/Countering the Financing of Terrorism (AML/CFT) Obligations of Securities Market Intermediaries under the Prevention… Read More

Notifications issued by the MCA on Corporate Social Responsibility- Grey areas galore

The Ministry of Corporate Affairs (MCA) with a view to roll out the requirements of Corporate Social Responsibility (CSR) from the beginning of the new financial year 2014-15 as proposed by the Hon™ble Minister of Corporate Affairs have come out with three notifications on February 27,2014 which are as under: 1)      Vide the first notification… Read More

Two-Tier Boards in Indian Corporations? An analysis

  Corporate governance practices are in a continuous state of evolution, particularly in a developing economy such as India. It is argued that corporate governance practices in India are an imperfect emulation of western practices, particularly of the Cadbury Committee Report, and subsequently, the UK Corporate Governance Code and the Sarbanes-Oxley Act of 2002 (Sarbanes-Oxley).… Read More

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