Month: May 2016

Ministry of corporate affairs (MCA)

Companies (Filing of Documents and Forms in Extensible Business Reporting Language) Amendment Rules, 2016(Notified vide notification dated 4th April, 2016) In the Companies (Filing of Documents and Forms in Extensible Business Reporting Language) Rules, 2015, in rule 3, for the proviso, the following proviso shall be substituted, namely:- “Provided that the Companies in banking, insurance, …

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Securities and Exchange Board of India (SEBI)

Electronic book mechanism for issuance of debt securities on private placement basis    (Notified vide Circular No.CIR/IMD/DF1/48/2016 dated 21st April, 2016) In order to streamline procedures for issuance of debt securities on private placement basis and enhance transparency to discover prices, it has been decided by SEBI to lay down a framework  for  issuance  of  …

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Reserve bank of India (RBI)

Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) (Third Amendment) Regulations, 2016 Vide notification no. FEMA.363/2016-RB dated April 28, 2016, RBI has made the following amendments in the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000 (Notification No.FEMA 20/2000-RB dated 3rd …

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Legal Jargons

1. Word: Ratio decidendi Definition: The reason behind or crux of a judicial decision. Use of the Word: The ratio decidendi is “the point in a case that determines the judgment” or “the principle that the case establishes” 2. Word: In pari delicto Definition: When both the parties are equally at fault. Use of the …

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Comparison Of Provisions Relating To Loan To Directors Under Companies Act, 1956 And Companies Act, 2013

S.No Basis Companies Act, 1956 Companies Act, 2013 Difference 1. Section Section 295 and 296 Section 185 — 2. Approval criteria Previously the Central Government’s approval was required to be taken. No requirement of making an application to the Central Government for sanctioning the loan or guarantee or security. The requirement to obtain Central Government’s …

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Inspection And Inquiry

Shareholders are real owners of the organization but they are sometimes ill-equipped to exercise effective control over the Company. It leads to abuse of power by persons in control. Therefore, Central Government took cognizance of the matter while drafting Companies Act, 2013 and assumed powers by enacting new provisions relating to inspection and inquiry which …

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THE NORWEGIAN CODE OF PRACTICE FOR CORPORATE GOVERNANCE

The Code of Practice is intended to strengthen confidence in listed Companies, among shareholders, the capital market and other interested parties. It is important that Companies builds good relationships with society as a whole, and particularly with the stakeholder groups that are affected by their business activities. Companies should therefore pay careful attention to establishing …

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