Author name: CS P. Surya Prakash

E-voting Provisions Under Secretarial Standards-2

The phrase ‘voting by electronic means’ is defined in the Companies (Management & Administration) Rules, 2014 as substituted by the Companies (Management and Administration) Amendment Rules, 2015 and the SS – 2 as to includes ‘remote e-voting’ and voting at the general meeting through an electronic voting system which may be the same as used …

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Securities Exchange Board of India (SEBI)

1. Exclusively listed companies of De-recognized/Non operational/exited Stock Exchanges. SEBI has issued a circular CIR/MRD/DSA/05/2015 dated 17th April, 2015 wherein it has clarified that the exclusively listed companies which fail to obtain listing in any other nationwide stock exchange will cease to be a listed company and will be moved to the dissemination board by …

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MINISTRY OF CORPORATE AFFAIRS (MCA)

1. The Companies ( Incorporation) Amendment Rules, 2015 MCA has vide its Notification dated 1st May, 2015 made amendments to Companies Incorporation Rules wherein the process of incorporation of company has been integrated. The application for allotment of DIN upto 3 directors, reservation of name, incorporation of company and appointment of directors of the proposed company …

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Related Party Transactions under Old Act & New Act

What are “Related Party Transactions”? Provision on Related party transactions are as mentioned below: Section -188 of Companies Act, 2013 Section -297 & 314 of Companies Act, 1956 Now, let’s compare; Sl. No. Nature of Difference Companies Act, 2013 Companies Act, 1956 1. Approval from Board sale, purchase or supply of any goods or materials; …

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Boards’ Report under Companies Act, 2013-Check List

Introduction: Section 134 of the Companies Act, 2013 casts a responsibility on the Board of Directors to prepare a report containing details as discussed below and this report needs to be annexed to the Financial Statements which are laid before the members in the annual general meeting. Companies Act, 2013 also contains provisions regarding revision …

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Telangana State Industrial Project Approval and Self-certification System (TS-IPASS) Act, 2014

Background: The Telangana Assembly unanimously passed its own industrial Act–Telangana State Industrial Project Approval and Self Certification System (TS-iPASS) Act, 2014 repealing the existing Andhra Pradesh State Industrial Single Window Clearance Act of 2002, with the objective of providing timely clearances to industrial units proposed to be set up in the new State. Purpose: To …

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Wrong filing of Form 2 (now PAS 3) cannot be treated as mere clerical mistake

Company Law Board (CLB), Mumbai Bench, rejected rectification of Register of Members pursuant to Section 111(4) & 111 A of the Companies Act, 1956 (now Section 58 & 59 of the Companies Act, 2013). (Re: M/s Badve Engineering Limited in CP No 19 of 2013) Background: The Board of Directors of M/s Badve Engineering Limited …

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MINISTRY OF CORPORATE AFFAIRS (MCA)

1.   Company Law Settlement Scheme, 2014 (CLSS-2014) – Clarification u/s 164(2) of the Companies Act, 2013 MCA has vide its Circular no.41/2014 dated 15th October, 2014 clarified that in case of companies, who have filed their balance sheet and annual returns on or after 01/04/2014 but prior to launch of CLSS-2014 , disqualification under Section …

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