Green Initiative – Issue of Certificates by Digital Signature

MCA vide its circular No. 29/2011 had taken another step towards “Green Initiative” in Corporate Governance by notifying that all certificates and standard letters will be issued electronically under the Digital Signature of the Registrar of Companies. In this regard, 13 (Thirteen) certificates have already been developed and implemented by the Ministry as per Circular No. 39/2011 dated 21st June, 2011. …

Green Initiative – Issue of Certificates by Digital Signature Read More »

Clarification on proper Corporate Governance and Compliance of provisions of Companies Act, 1956

Ministry of Corporate Affairs vide General Circular  No. 38/2011  dated  20th June, 2011 has clarified about  Circular No. 33/2011 dated 1st June, 2011, wherein it was informed that no request, whether oral, or in writing or through e-forms, for recording any event based information/changes filed to the Registrar of Companies (ROC) will be accepted from defaulting companies, unless they file their updated …

Clarification on proper Corporate Governance and Compliance of provisions of Companies Act, 1956 Read More »

IFCI Ltd v. TFCI Ltd [Delhi High Court]

[vc_row][vc_column][vc_column_text]1    CLB cannot order to defer the holding of Extra-Ordinary General Meeting on the requisition made by a shareholder (Company  – IFCI) on the ground that specific authorization/board resolution is not enclosed to file such requisition by the Company  Secretary Case Law : IFCI LTD v. TFCI LTD [DELHI HIGH COURT]           …

IFCI Ltd v. TFCI Ltd [Delhi High Court] Read More »

Legal Jargons

Word : Ceteris Paribus Meaning: Ceteris Paribus is derived from a Latin word which basically means “all other things being equal” or “with other things the same,” It is an example of an ablative absolute and is commonly rendered in English as “all other things being equal.” A prediction, or a statement about causal or logical …

Legal Jargons Read More »

Can Storage of Registers be in Electronic format, A big Dilemma!

us analyse it. Two things which have to be first answered are:- 1. Does the Companies Act, 1956 allow storage of Registers in the Electronic format? 2. Does the Companies Act, 1956 allow Maintenance of Registers at the place other than the Registered Office of the Company? Primarily we need to first examine the provisions of the …

Can Storage of Registers be in Electronic format, A big Dilemma! Read More »

Maintenance Of Registers And Records Under Companies Act, 1956

Under the Companies Act, 1956, a company is required to maintain certain registers and records. There are some other registers and records, the maintenance of which is not statutorily required but is essential for the smooth, efficient and systematic functioning of the company. Some of the registers and records are required to be kept open by a …

Maintenance Of Registers And Records Under Companies Act, 1956 Read More »

Maintenance Of registers And Records In Electronic Mode -Information Technology Act, 2000

Now we move on to the Information Technology Act, 2000. This act permits the maintenance of registers and records in electronic mode. Such registers and records should be maintained in accordance with the provisions of the said Act. The Information Technology Act, 2000 (the IT Act) was passed interalia to provide for electronic governance. Section 3 of …

Maintenance Of registers And Records In Electronic Mode -Information Technology Act, 2000 Read More »

Filing of Annual Accounts in eXtensible Business Reporting Language (XBRL) mode

MCA had mandated certain class of companies to file Balance Sheet and Profit & Loss Account along with Director’s Report and Auditor’s Report for the Financial Year 2010 – 2011 by using XBRL Taxonomy. MCA has prepared and hosted the Taxanomy Business Rules, Validity tools etc., required for the preparation of the above documents in XBLR format on the website of the ministry …

Filing of Annual Accounts in eXtensible Business Reporting Language (XBRL) mode Read More »

Guidelines for Fast Track Exit mode for defunct companies

MCA has come back with  another opportunity for fast track exit  (FTE)by a defunct company by issuing new guidelines for Fast Track Exit (FTE) vide  General Circular No. 36/2011 dated 7th June, 2011.  The conditions under which a company will be called as “defunct company” for the purpose of these guidelines has been specified.  Also, those Companies …

Guidelines for Fast Track Exit mode for defunct companies Read More »