Ministry of Corporate Affairs

Clarification on applicability of provisions of Section 108A to 108I of the Companies Act, 1956

Section 108A to 108I of the Companies Act, 1956 were inserted through  Monopolies and Restrictive Trade Practices (Amendment) Act, 1991. As the MRTP Act, 1969 stands repealed the provisions  of Section 108A to 108I of the Companies Act, 1956 have become redundant and will have no legal force This was notified by  MCA as per …

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Clarification regarding ‘Body Corporate’ for the purpose of Section 226(3)(a) of the Companies Act, 1956

The MCA received representation from ICAI stating that under Section 226(30(a) of the Companies Act, 1956, a body corporate is disqualified from appointment as auditor of the company. Since LLP is a body corporate under section 3(1) of the LLP Act, 2008, LLP among other chartered accountants will not be qualified for appointment as auditor …

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Clarification in respect of Circular No. 02/2011

Companies have been seeking clarification from MCA about the exemption granted under Section 212 (8) of the Companies Act, 1956, vide its Circular No. 02/2011 dated 08th February, 2011. The MCA has vide Circular No. 22/2011 dated 2nd May, 2011 clarified that all the Companies whether listed or unlisted, have to fulfill all the Conditions mentioned in the Circular for availing the …

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Approved agency to provide electronic platplatform for electronic voting for postal ballot

Another Circular on the path of Green Initiative. MCA has clarified  vide circular No. 21/2011 dated 2nd May, 2011 that only a duly approved agency will have to be appointed for providing and supervising electronic platform for electronic voting for postal ballot. Accordingly, The National Securities Depository Limited (NSDL) and the Central Depository Services (India) Limited are being approved …

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E-Form 32 for intimating ROC regarding the particulars of appointment of Directors, etc

Form 32 for intimating ROC regarding the particulars of appointment of Directors, etc and changes therein in pursuant to Section 303 (2) of the Companies Act, 1956, will now be processed under Straight Through Process (STP) mode and the practicing professionals like CS, CA and CWA have to certify the correctness of the form. The details are available in the …

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Marking the Companies having management dispute

In the present system there is a facility with the ROC, to mark the Companies having management dispute on the basis of complaints received. As a result of this marking, all the forms filed  for such company are not approved and  put under work-in progress, until it is demarked by the ROC. In order to bring uniformity of  practices …

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Green initiatives in the Corporate Governance

Ministry of Corporate Affairs has vide Circular No. 17/2011 dated 21st April 2011 taken a ‘Green initiative in the Corporate Governance’ by allowing paperless compliances by the companies after considering Section 2, 4, 5 and 81 of the Information and Technology Act, 2000 for legal validity of compliances under Companies Act through electronic mode. It has been clarified that if the …

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Appointment of Cost Auditor by Companies

The Ministry of Corporate Affairs has reviewed  the existing procedures followed by the Companies for seeking prior approval of the Central Government for appointment of cost auditor under Section 233 B (2) of the Companies Act, 1956 and on that basis revised the said procedure to be followed by the Companies. The modified procedure shall be effective from the financial …

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