Merger is a legal consolidation of two entities into one as a result of which the ownership, risk, assets, liabilities and functions are also consolidated. The term Merger is not defined in any Act. A merger usually takes place when a smaller company folds into a larger one through exchange of shares or cash. But …
NEW ERA OF COMPLIANCE MONITORING MCA STARTED USING ARTIFICIAL INTELLIGENCE (AI) TO MONITOR COMPLIANCE UNDER THE COMPANIES ACT, 2013/1956. The AI driven mechanism called MCA Compliance Monitoring System (MCA-CMS) is now functional. Introduction The present Indian Government is highly determined to improve India’s ranking in the world bank list of ease of doing business. In …
Introduction: Small Companies are basically the companies with limited amount of investment and having the privilege of special status under the Companies Act, 2013. The concept of “small company” has been introduced for the first time by the Companies Act, 2013. The Act identifies some companies as small companies based on their capital and turnover …
The Ministry of Corporate Affairs (MCA) recently introduced the concept of Active Company Tagging Identities and Verification (ACTIVE) which required filing of new e-Form INC- 22A effective from February 25, 2019. Companies which complied with the requirement were tagged as ACTIVE and Compliant while the Companies which did not comply with the requirement were tagged …
Cessation Of Director In Case Of In-Active Companies Read More »
Companies that do not intend to carry on their operations can apply for removal of their names from the Register of Companies (ROC) and the ROC can remove their names if it has reasonable cause to believe so. Striking off of the company’s name by the Register of Companies (RoC) is an alternative to winding …
Strike Off/Closure Of Company Pursuant To Section 248 Of Companies Act, 2013 Read More »
INTRODUCTION The Board of Directors are responsible for the Company’s management and for ensuring good corporate governance. The Board should run the affairs in a transparent manner and the decisions should not be prejudicial to the interest of all its stakeholders. The Company must not be run for the material benefit of a few. Therefore, the concept of Independent Directors on the Board …
Independent Directors Under Companies Act, 2013 And SEBI Regulations Read More »
COMPANY A Company is a separate legal entity distinct from its Members. It is an artificial judicial person with many rights, obligations, powers, and duties prescribed by law. A company incorporated under the Companies Act, 2013 is vested with a corporate personality so it bears its own name and acts under the name. Therefore, it …
Common Seal – Requirements in Light Of Companies (Amendment) Act, 2015 Read More »
The Companies Act, 2013 and the Secretarial Standards prescribed by the Institute of Company Secretaries of India provide for the rules and regulations regarding the appointment of Directors, conduct of Board Meetings and their roles and responsibilities. I. Meaning: As per Section 2(34) of Companies Act, 2013: “Director” means a director appointed to the Board of …
2 Revisions Loans & Investments under Section 186(1) of the Act: Section 186 of the Companies Act, 2013 deals with the Loans and Investments by a Company. Section 186(1) of the Act states that a Company shall make investment through not more than two layers of investment companies. ‘layer’ in relation to a holding Company …
Analysis of Section 186 pursuant to Companies (Amendment) Act, 2017 Read More »
What is an LLP (?) A Limited Liability Partnership (LLP) is an alternative corporate structure that offers the benefits of limited liability to the partners. Limited Liability Partnerships (LLP) are emerging ever since the introduction of the Companies Act, 2013 as the compliances and disclosures for a Company have increased. The compliances and disclosures in …
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