Author name: ithelp

Partners column

Tough people There are many starters in life – but very few finish what they start. When the going gets tough, most people fold. They don’t persist hard enough or persevere long enough. They don’t take enough personal initiative to make it happen – they don’t go the extra mile. There are three kinds of …

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Insight – Acceptance Of Deposits under Companies Act, 1956

[vc_row][vc_column][vc_column_text] The ordinary sources of finance are equity and preference shares, debentures and other debt securities. But companies, as they expand their activities, need more and more funds and this has led them to borrow from banks and financial institutions. But it puts the company under management & control of those financial institutions. This has …

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SHRI RAM BEARING LTD V. TRISHAKTI ELECTRONICS P. LTD (DEL)

C.A. No. 2386 of 2012 in C.P. No. 179 of 1994 Decided on: 11/12/2012 Companies Act: Sections 454(5), 468, 477, 481 -Company under Liquidation -Official Liquidator(OL) Could not take possession of any moveable and immovable assets of the Company – no other assets available for realization – whether the company should be dissolved and liquidation …

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Insight On External Commercial Borrowing (ECB)

External Commercial Borrowings (ECB) is an instrument used in India to facilitate the access to foreign money by Indian Corporates. ECB refer to commercial loans in the form of bank loans, buyers’ credit, suppliers’ credit, securitized instruments (e.g. floating rate notes and fixed rate bonds, non-convertible, optionally convertible or partially convertible preference shares) availed of …

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Lets Analyze

In the earlier issue we discussed on Section 4 of the Companies Act, 1956 and in the present issue we shall proceed with Section 5 of the Companies Act which deals with Officer who is in default. Query No 1: When will the criminal liability of the ordinary directors arise? Decided Case law : Smt. …

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