Articles

Benefits to Start-ups Registered with DPIIT under the Income-Tax Act

A Start-up is a young company/entity founded by one or more entrepreneurs to develop a unique product or service and bring it to market. By its nature, it is beginning to develop and grow, is in the first stages of operation, and is usually financed by an individual or small group of individuals. Start-up India …

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FAQs on Corporate Social Responsibility(CSR)

ELIGIBILITY/APPLICABILITY: Which year’s profits, turnover and net worth will be reckoned for understanding the applicability of CSR? Immediately preceding financial year Profit (Rs.5 crores), Turnover (Rs.1,000 crores) and Net Worth (Rs.500 crores) shall be taken into consideration. Whether applicability of CSR provisions is to be considered every year? Once CSR provisions are applicable in any …

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Board and General Meetings through Video Conferencing

BOARD AND GENERAL MEETINGS THROUGH VIDEO CONFERENCING The Companies Act, 2013 allows convening of Board Meetings through Video conferencing (VC) or any Other Audio-Visual Means (OAVM) and has recently also allowed convening of General Meetings through VC or OAVM in view of the Covid-19 pandemic. This has resulted in ease of convening meetings and has …

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New Criteria for Classification of Micro, Small and Medium Enterprises

The Ministry of Micro, Small and Medium Enterprises (MSME) has issued a notification dated the 1st June 2020 revising the criteria for classification of Micro, Small and Medium Enterprises. The changes have been made in the MSME definition by virtue of Aatmanirbhar Bharat Package on 13th May 2020. The new definitions and criteria will come …

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Amendments in Indian Stamp Act, 1899

Background The Indian Stamp Act 1899 was implemented by British Government to generate revenue for the Government. Stamp duty is a tax that is levied on single property purchases or documents (historically, this included the majority of legal documents such as cheques, receipts, military commissions, marriage licenses and land transactions.) A physical stamp (a revenue …

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Amendment in the FDI rules to shield Indian Companies

Foreign Direct Investment (“FDI”) can be from Overseas Individuals, Foreign Companies or Foreign Institutional Investors under Automatic Route or Government Route. FDI is permitted in all sectors except for those contained in the prohibited list including atomic energy, betting and gambling, lottery business etc. FDI may or may not require prior regulatory approval depending on …

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Spending of Corporate Social Responsibility (CSR) Funds for Covid-19

Introduction: Corporate Social Responsibility (CSR) is an important aspect of business. Corporate social responsibility (CSR) determines how companies manage their business processes to produce an overall positive impact on the society. Corporate Social Responsibility as per Section 135 of Companies Act, 2013 Applicability – Section 135 of the Companies Act, 2013 provides that it will apply to …

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Related Party Transactions as per Companies Act, 2013

I           Background: With the growing participation of investors and other stakeholders in companies, the question of transparency in arrangements with related parties has often been a topic of much debate and discussion. To usher increased degree of transparency in such transactions, to determine the exact financial position of the entity, Section 188 was introduced in …

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Who can be a Partner/Designated Partner in a Limited Liability Partnership

Limited Liability Partnership- Background Limited Liability Partnership (LLP) entities are world wide recognized form of Business Organization. LLP’s in India are regulated by the Limited Liability Partnership Act, 2008 along with LLP Rules, 2009 as amended from time to time. LLP combines the advantages of both the Company and Partnership into a single form of …

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Companies Fresh Start Scheme, 2020 (CFSS-2020)

The Ministry of Corporate Affairs (MCA), has introduced the “Companies Fresh Start Scheme, 2020 (CFSS-2020)” to provide an opportunity to Companies to make good any filing related defaults and make a fresh start as a fully compliant entity. COMPANIES FRESH START SCHEME, 2020 (CFSS-2020): The salient features of the scheme are as follows: Applicability This …

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