Month: December 2013

Lets Analyze

In the earlier issue we have discussed on section 22 & 23 of the Companies Act, 1956 and in the present issue we shall proceed with section 25 which deals with Charitable Companies or power to dispense with “Limited” in name of charitable or other company. Query # 1 : Only members of an association …

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IN RE: VALAYA CLOATHING PRIVATE LIMITED & OTHERS (COMPANY LAW BOARD)

DECIDED ON: 15-10-2013 CASE IN BRIEF:Section 8 of Arbitration & Conciliation Act, 1996 read with Sections 397 & 398 of Companies Act, 1956 – Disputes relating to management of the company and also shareholders agreement-whether to be referred to arbitration- Held, No. FACTS: The Petitioner is an investor and had invested a sum of Rs. …

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SHILPI SHARMA V/S JINDAL STEEL & POWER LIMITED

DECIDED ON: 08/07/2013 CASE IN BRIEF: Section 111A of Companies Act, 1956 – Loss of share certificates – fraudulent transfers – non- issuance of duplicate share certificate by company – whether petition is maintainable- Held, Yes. FACTS: The Petitioner has filed a petition under Section 111A of Companies Act, praying for an order for rectification …

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UK CORPORATE GOVERNANCE CODE

(To familiarize with the best practices on Corporate Governance & Corporate Laws) INTRODUCTION: The UK Corporate Governance Code (also known as”Combined Code”) is a set of principles of corporate governance aimed at companies listed on the London Stock Exchange. It is supervised by the Financial Reporting Council and its importance derives from the Financial Services …

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Insight on Corporate Social Responsibility

INTRODUCTION The Companies Act, 2013 (“Act”) has brought major changes not only towards the legal and secretarial welfare but also towards social welfare which could be widely justified by incorporating the provisions of Corporate Social Responsibility (“CSR”) in the new Act. CSR is basically a concept whereby Companies decide voluntarily to contribute to a better …

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Reserve Bank of India

Foreign Direct Investment in Financial Sector – Transfer of Shares As per the existing FEMA regulations, in case of transfer of shares from Residents to Non-Residents where the investee company is in the financial services sector, No Objection Certificate (NoC) is required to be obtained from the respective financial sector regulator/regulators of the investee company …

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Securities and Exchange Board of India(SEBI)

Compliance with the provisions of Equity Listing Agreement by listed companies-Monitoring by Stock Exchanges: Sebi has vide its Circular CIR/CFD/POLICYCELL/13/2013 dated 18th November, 2013 raised concerns that even though listed companies make disclosures to Stock Exchanges within the timeframe stipulated under the Listing Agreement; the contents of the disclosures made by such companies are not …

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Ministry of Corporate Affairs

Clarification with regard to applicability of provision of Section 372A of the Companies Act, 1956: Consequent to the notification of Section 185 of the Companies Act, 2013 dealing with loans to directors which corresponds to Section 295 of the Companies Act, 1956, the Ministry had been approached with a number of representations. Section 186 of …

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Legal Jargon

Word: “Accession” Meaning : The mode of acquiring property by which the owner of property becomes the owner of an addition by growth, improvement, increase or labor. Example : The turmoil surrounding his accession highlights the importance of order in the palace. Word : “Caveat” Meaning : A notice of the court or judicial officer …

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