What is an Offence? The term offence is not defined under the Companies Act, 2013 but in general parlance, an offence means an illegal act or crime. As per Section 3(38) of the General Clauses Act, 1897 the term “Offence” shall mean any act or omission made punishable by any law for the time being …
Compounding of Offences under Section 441 of Companies Act 2013 Read More »
Background: Companies (Auditor’s Report) Order, 2020 [“CARO, 2020”] has been notified by the Ministry of Corporate Affairs (MCA) vide its order dated 25th February 2020, in exercise of the powers conferred in sub-section 11 of Section 143 of Companies Act,2013 and after consultation with the National Financial Reporting Authority (NFRA),. Companies (Auditor’s Report) Order, 2020 (CARO, 2020) …
Companies (Auditor’s Report) Order,2020 [CARO,2020] – Summary Read More »
A. Background: In exercise of the powers conferred in the Section 203 of the Companies Act,2013 read with section 469 of the said Act, Ministry of Corporate Affairs vide its notification dated 3rd January 2020 [“Notification”] has amended the Rule 8A and Rule 9 Companies (Appointment and Remuneration of Managerial Personnel) Amendment …
About the client: R&A Associates has advised and assisted the client for buy-back of shares. The client is primarily engaged in the business of industrial packaging and manufacture of strap, stretch, protective packaging, packaging tools and equipment that are used to apply in bulk packaging materials. Our Association and work– We have been associated with …
Case Study on Services rendered in case of Buy Back of Shares Read More »
Background: A Director is responsible for controlling, managing and directing the affairs of a Company and faces the risk of disqualification, if he/she fails to fulfill the legal responsibility prescribed under Companies Act, 2013 (Act). A detailed note on Director disqualification, consequences and process of removal of disqualification is mentioned below. Director Disqualification as per …
Director Disqualification, Consequences and process of Removal of Disqualification Read More »
About the client: R&A Associates advised and assisted the client for shifting of its registered office from one state to another. The client is primarily engaged in the business of railway track engineering, manufacturing of concrete sleepers, undertaking contracts for infrastructure project development and construction work. Our Association and work– We have been associated with …
Background: Section 232(6) of Companies Act, 2013 specifies that the scheme under this section shall clearly indicate an appointed date from which it shall be effective and the scheme shall be deemed to be effective from such date and not at a date subsequent to the appointed date. The language of Section 232(6) of Companies …
]About the client: R&A Associates has been providing Corporate Secretarial services to a Listed Entity (“Client”). The client is primarily engaged in property development, civil construction contracts and infrastructure projects development and construction work. Our Association and work– We have been associated with the client and rendered the following services: Ensuring compliances as per the …
Case Study on Corporate Secretarial Services to a Listed Entity Read More »
Brief on Independent Directors (IDs) Databank The Ministry of Corporate Affairs (MCA) has notified Rule 6 of the Companies (Appointment and Qualification of Directors) Rules, 2019 dated 01st December 2019 which mandates all the existing and aspiring Independent Directors to register themselves in the databank. Ministry of Corporate Affairs (MCA) in association with Indian Institute …
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 …
Don’t miss our future updates! Get Subscribed Today!