Articles

Corporate Social Responsibility(CSR)

[vc_row][vc_column][vc_column_text]Corporate Social Responsibility (CSR) is organisation’s performance against economic, social and environmental parameters. The theory behind CSR is that companies can be profitable while at the same time minimize their negative impact on the stakeholders. Many studies were conducted to understand whether ethics pay and found a positive correlation between better financial performance and better …

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Foreign Direct Investment

[vc_row][vc_column][vc_column_text]Introduction Foreign Direct Investment (“FDI”) is permitted in all sectors except for those contained in the prohibited list including atomic energy, betting and gambling, lottery business etc. It may or may not require prior regulatory approval depending on the government policy in the relevant sector in which investment is proposed to be made. Proposals, where …

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Buy Back of Securities by Private Limited Companies and Unlisted Companies

[vc_row][vc_column][vc_column_text]Introduction Prior to the amendment of the Companies Act, 1956, buyback of securities in India was prohibited. Section 77 of the Act, imposed a blanket ban on companies from buying their own securities. The concept of buy-back of securities was introduced in the Companies Act, 1956 by the Companies (Amendment) Act, 1999 by the insertion …

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Proclaimed Offender – Is it another disqualification to act as a Director?

Section 274 of the Companies provides for disqualification a person to act a Director of a Company. It provides that “a person shall not be capable of being appointed director of a company, if a)     he has been found to be of unsound mind by a Court of competent jurisdiction and the finding is in …

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A comparative Study – Schedule VI of the Companies Act, 1956

Old V/s.NewThe Ministry of Corporate Affairs (MCA) vide Notification No. S.O. 447(E) dated 28th February, 2011 have revised Schedule VI of the Companies Act, 1956 (The Act) which provides the instructions for the preparation of the Balance Sheet and Statement of the Profit & Loss of the Company. The purpose for revising the reporting format …

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Analysis of Companies(Cost Audit Report) Rules, 2011

[vc_row][vc_column][vc_column_text]Ministry of Corporate Affairs has recently issued various notifications/circulars relating to Cost Audits. Ministry of Corporate Affairs has notified the Companies (Cost Audit Report) Rules, 2011 (Rules) vide Notification No. GSR 430(E), dated 3-6-2011, which supercede the Cost Audit (Report) Rules, 2001. In this regard, we would like to provide a bird’s eye view of …

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Applicability Of Regulation 10 And Regulation 11 of SEBI (Substantial Acquisition Of Shares And Takeovers) Regulations 1997

[vc_row][vc_column][vc_column_text]Regulation 3(3) of the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations 2011 provides that acquisition of shares by any person, such that the individual shareholding of such person acquiring shares exceeds the stipulated thresholds, shall also be attracting the obligation to make an open offer for acquiring shares of the target company irrespective of …

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Fast Track Exit mode for defunct companies under Section 560 of the Companies Act, 1956

[vc_row][vc_column][vc_column_text]Need for Fast Track Exit Mode: There are a number of companies, which are registered under the Companies Act, 1956, but due to various reasons they are inoperative since incorporation or commenced business but became inoperative or defunct later on. Such companies may be desirous of getting their names struck off from the Register of …

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