INTRODUCTION Section 8 of the Companies Act, 2013 provides for a mechanism through which an Association can be registered as a Company, if such association is formed for promoting commerce, art, science, sports, education, research, social welfare, Charity, religion, protection of environment or any other useful object and intends to apply its profits/income in promoting […]
INTRODUCTION The company must have a Board of Directors for the smooth functioning of its affairs. It is the directors under whose supervision, the management team, run the business affairs of the company. A Director may act as Executive or non-executive director of the company. As per Companies Act, 2013 (Act), a company shall have […]
The management of the affairs of a company is vested with the Board of Directors. Subject to the restriction of the Companies Act, the Board can delegate any of its authority to its subordinate committee or any other individual. Here, in this article, we will discuss the Roles, Responsibilities and Powers of the Board of […]
RELATED PARTY TRANSACTIONS: LEGAL PROVISIONS & COMPLIANCE Applicable Provisions: Section 2(76), 2(77) & 188 of the Companies Act read with Rule 15 of Companies (Registration Offices and Fees) Rules, 2014 And Regulation 23 of the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015 INTRODUCTION The Act puts some restriction […]
BUY BACK OF SECURITIES APPLICABLE PROVISIONS: Section 68, 69 & 70 of the Companies Act, 2013 read with Rule 17 of The Companies (Share Capital & Debentures) Rules, 2014 are the provision concerned towards the Buy Back of Securities by the unlisted company; however, in addition to the companies act, 2013 the listed Company shall also comply with the SEBI (Buy Back […]
INTRODUCTION: A limited liability partnership is a body corporate formed and incorporated under Limited Liability Partnership Act, 2008 and is a legal entity separate from that of its partners. LLP is a Partnership Firm established with Minimum 2 Partners (any individual or body corporate may be a partner in a limited liability […]
Introduction: Dematerialisation is the process by which physical certificates of an investor are converted to an equivalent number of securities in electronic form and credited into the BO’s account with his DP. Initially, dematerialisation of Securities limited to listed public companies. Later MCA’s notification on September 10, 2018, introduced Rule 9A of Companies (Prospectus and […]
CSR- Corporate Social Responsibility CSR is all about corporate giving back to Society. SL No Questions Answers 1. What is CSR The Act introduces the culture of corporate social responsibility (CSR) in Indian corporate requiring companies to formulate a CSR policy and spend on social upliftment activities. CSR is all about corporate giving back […]
The history of Corporate-Consulting: We can often hear people using the term consulting, but let’s ask ourselves the question what Corporate Consulting really means and where it comes from? The first management consulting firm was created in 1886 by Arthur Dehon Little, and initially specialized in technical research. However, Arthur D. Little refused to follow […]
Every Company in India need to comply with the Companies Act, 2013 (hereinafter called “the Act”) to do any activity, whether it is to Appoint a Director or to fulfil the need of Capital, in the same scenario whenever a Company need to raise Deposits the Company need to Comply with the Chapter V Acceptance of Deposit by […]
A Step towards the ‘MAKE IN INDIA’ campaign and to improve the ease of doing business in India: Again an attempt has been made from my side to share my experience regarding Incorporation of a Company under Companies Act, 2013 in the form of an Article. This Article contains the procedure for Incorporation of a Company […]
The laws relating to insolvency and bankruptcy in the earlier centuries were framed for penalizing the defaulting debtors. Over the Years there has been improvising change in the global regulatory framework towards corporate insolvency. The principal focus of modern insolvency legislation is not liquidation and elimination of insolvent entities but on the renovation of the financial […]
An offence is an Act, of omission or Default, whether committed wilfully or due to negligence, ultimately lead the Company or its officer, to Fine, penalties and/or imprisonment, as specified under the Act. Compounding of offence is a tool, whereby a person/entity committing default, admitted that he / it has committed an offence and seeks […]
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Finally, You are your own Boss! Heartiest congratulations on the new business venture that you have started. So now it is important to follow risk governance and compliances of standards set by law. The act of compliance plays a vital role in every business whether it is big or small. Every failure to comply with […]
Pre certification of forms & Returns required to be filed with Registrar of companies Meaning Pre certification refers to examination and authentication of various forms required to be filled with Authorities governed under various laws. In other words, Pre certification means to check the form by the Independent Professional before filling it with the Ministry […]
Liquidation is the Last stage of any company’s Life, once the Liquidation Process of a Company is Completed, then such company ceased to exist. In India the Liquidation Process is governed by the “Insolvency and Bankruptcy Code, 2016, and Regulation made thereunder, i.e. Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016. The Prime […]
APPLICABLE PROVISIONS: Section 68, 69 & 70 of the Companies Act, 2013 read with Rule 17 of The Companies (Share Capital & Debentures) Rules, 2014 are the provision concerned towards the Buy Back of Securities by the unlisted company; however, in addition to the companies act, 2013 the listed Company shall also comply with the SEBI (Buy Back of Securities) Regulations, 2018 as […]
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