Month: April 2011

Seminar on ‘IPO & Private Equity Conclave

A seminar was organised by Achromic Point Consulting an International consulting firm on ‘IPO & Private Equity Conclave’ on 15th April, 2011 at Hotel Eros Intercontinental Delhi where we ‘R & A Associates’ were the knowledge partners. The seminar was not only informative but also provided a great opportunity to network, exchange views and discuss …

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Clarification in respect of Circular No. 02/2011

Companies have been seeking clarification from MCA about the exemption granted under Section 212 (8) of the Companies Act, 1956, vide its Circular No. 02/2011 dated 08th February, 2011. The MCA has vide Circular No. 22/2011 dated 2nd May, 2011 clarified that all the Companies whether listed or unlisted, have to fulfill all the Conditions mentioned in the Circular for availing the …

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Approved agency to provide electronic platplatform for electronic voting for postal ballot

Another Circular on the path of Green Initiative. MCA has clarified  vide circular No. 21/2011 dated 2nd May, 2011 that only a duly approved agency will have to be appointed for providing and supervising electronic platform for electronic voting for postal ballot. Accordingly, The National Securities Depository Limited (NSDL) and the Central Depository Services (India) Limited are being approved …

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E-Form 32 for intimating ROC regarding the particulars of appointment of Directors, etc

Form 32 for intimating ROC regarding the particulars of appointment of Directors, etc and changes therein in pursuant to Section 303 (2) of the Companies Act, 1956, will now be processed under Straight Through Process (STP) mode and the practicing professionals like CS, CA and CWA have to certify the correctness of the form. The details are available in the …

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Marking the Companies having management dispute

In the present system there is a facility with the ROC, to mark the Companies having management dispute on the basis of complaints received. As a result of this marking, all the forms filed  for such company are not approved and  put under work-in progress, until it is demarked by the ROC. In order to bring uniformity of  practices …

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Green initiatives in the Corporate Governance

Ministry of Corporate Affairs has vide Circular No. 17/2011 dated 21st April 2011 taken a ‘Green initiative in the Corporate Governance’ by allowing paperless compliances by the companies after considering Section 2, 4, 5 and 81 of the Information and Technology Act, 2000 for legal validity of compliances under Companies Act through electronic mode. It has been clarified that if the …

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Appointment of Cost Auditor by Companies

The Ministry of Corporate Affairs has reviewed  the existing procedures followed by the Companies for seeking prior approval of the Central Government for appointment of cost auditor under Section 233 B (2) of the Companies Act, 1956 and on that basis revised the said procedure to be followed by the Companies. The modified procedure shall be effective from the financial …

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Certification of e-forms under the Companies Act, 1956 by the Practicing professionals

Ministry of Corporate Affairs has vide Circular No. 14/2011 dated 8th April 2011 entrusted practicing professionals registered as Members of the professional bodies namely, ICAI, ICSI & ICWAI with the responsibility of ensuring integrity of documents filed by them with MCA in electronic mode. Professionals are now to be responsible for submitting /certifying documents (to be signed digitally by them) and …

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