Updates & Amendments

Overseas Direct Investment, Liberalization/Rationalization

The RBI vide a recent circular, dated May 27, 2011 has made certain changes to the  prevailing ODI Regulations. The objective is to provide operational flexibility to Indian Corporates having investment abroad. Some of the changes brought about are with respect to: Performance Guarantees issued by the Indian Party. Restructuring of the balance sheet of …

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Clarification regarding effective date of Companies (Particulars of Employees) Amendment Rules, 2011

The Ministry of Corporate Affairs vide its notification no. 09th May 2011 has amended the Companies Regulations, 1956 and these regulations are called Companies (Amendment) Regulations, 2011. In the Companies Regulation, 1956 in Part B, in regulation 3,5,7,9 and 14 for the word “Regional Director” the word “Registrar of Companies” shall be substituted. In the …

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Clarification regarding effective date of Companies (Particulars of Employees) Amendment Rules, 2011

The Ministry of Corporate Affairs had notified Companies (Particular of Employees)Amendment Rules,  2011 vide GSR 289 (E) dated 31.03.2011 raising the limit of employee’s salary to be disclosed in the Directors Report from Rs. 24 Lakhs  per annum or Rs. 2 lakhs per month to Rs. 60 Lakhs per annum or Rs. 5 Lakhs per …

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Loan to Public Limited Companies under Section 295 of the Companies Act, 1956

The Ministry of Corporate Affairs has noticed that companies are making applications for getting prior approval of Central Government when they propose to make any loan to, or give any guarantee or provide any security in connection with a loan made by any other person to a Public Limited Company of which any such director …

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Corrigendum to Circular dated 31st March, 2010 on filing of Balance Sheet and profit and Loss Account in eXtensible Business Reporting Language (XBRL) mode

The Ministry of Corporate Affairs had issued a Circular bearing No 09/2010 dated 31.03.2010 as per which it had mandated certain class of companies to file balance sheets and profit and loss account for the year 2010-11 onwards by using XBRL taxonomy. MCA has now issued a Corrigendum vide circular No. 25/2011 dated 12th May, …

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Certification of e-Forms under the Companies Act, 1956 by Practicing Professionals

The MCA had as per its circular bearing No. 14/2011 dated 8th April, 2011 entrusted practicing professionals registered as Members of the professional bodies namely, ICAI, ICSI & ICWAI with the responsibility of ensuring integrity of documents filed by them with MCA in electronic mode and the system would accept these documents online without the …

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Green Initiative in the Corporate Governance

Green Initiative in the Corporate Governance-Issue of Certificate by Digital Signature: The Ministry of Corporate Affairs vide its General Circular No. 29/2011 dated 20.05.2011 has taken another step towards “Green Initiative” and decided that all certificates and standard letters issued by the Registrar of Companies will now be issued electronically under the Digital Signature of …

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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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