Month: May 2014

Securities and Exchange Board of India Vs. Mb. Akshya Infrastructure Pvt. Ltd.

CIVIL APPEAL NO. 6041 OF 2013 Appellant Securities and Exchange Board of India Respondent Mb. Akshya Infrastructure Pvt. Ltd. Appeal was directed against the judgment and final order of Securities Appellate Tribunal, Mumbai (SAT) dated 19th June, 2013. The fundamental issue which arose in this appeal was whether an open offer voluntarily made through a …

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Legal Jargons

Word : Non est factum Origin: Latin Meaning: not my act. This is a denial by a person that they were actually involved in some action or dealings. In a contract, it can occur if a party denies that they signed the contract – that someone else forged their signature. Word : Sunset clause Origin: …

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Overview of the provisions relating to Board & Auditors Under Companies Act, 2013

Ministry of Corporate Affairs is notifying the Act and the Rules with lightning speed. After notification of majority of sections and rules, these have caught the professional and corporate sector in a whirlwind. We have tried to give below a background of important provisions of Companies Act, 2013 pertaining to meetings of Boards and Auditors. …

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MINISTRY OF CORPORATE AFFAIRS (MCA)

Availability of e-forms/non-eforms under the Companies Act, 2013. MCA has issued circular no.09/2014 dated on 25th April, 2014 notifying the availability of 46 new e-forms including 3 general e-forms with effect from 28th April, 2014.  The 3 general e-forms  will be used for filing 17 forms which are not available as e-forms as on date …

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Securities Exchange Board of India (SEBI)

Corporate Governance in listed entities – Amendments to Clauses 35B and 49 of the Equity Listing Agreement. Securities Exchange Board of India vide Circular No. CIR/CFD/POLICY CELL/2/2014, dated April 17, 2014 has amended clause 35B and 49 of Listing agreement in order to align with the provisions of the Companies Act, 2013, adopt best practices …

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RESERVE BANK OF INDIA (RBI)

Foreign Direct Investment (FDI) in India – Reporting mechanism for transfer of equity shares/ fully and mandatorily convertible preference shares/ fully and mandatorily convertible debentures As per Reserve Bank of India’s circular dated September 6, 2013, a non-resident (NR) [including a Non Resident Indian (NRI)], who has acquired and continues to hold control in an …

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