Category: Companies Act

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Physical verification of the registered office of the company under Section 12(9) of the Companies Act 2013

The Ministry of Corporate Affairs (‘MCA’) vide its Notification dated 18th August, 2022, has amended Companies (Incorporation) Rules, 2014 by notifying Companies (Incorporation) Third Amendment Rules, 2022. However, Companies (Incorporation) Third Amendment Rules, 2022 shall come into force from the date of their publication in the Official Gazette. By the aforesaid amendment, a new Rule […]

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Filing of report on Corporate Social Responsibility for FY 2020-2021 after filing Form AOC-4 or AOC-4 XBRL or AOC-4 NBFC (Ind AS)

As another progression towards CSR Reporting and making it as a part of annual disclosure, Ministry of Corporate Affairs (MCA) vide its notification dated 11th February, 2022 has notified Companies (Accounts) Amendment Rules, 2022 which seeks to amend the Companies (Accounts) Rules, 2014. Pursuant to amendment in the Companies (Accounts) Rules, 2014 a new sub-rule […]

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New definition of Small Company is applicable from Financial Year 2021-22 onwards

In exercise of the powers conferred by sub-sections (1) and (2) of Section 469 of the Companies Act, 2013 (“CA, 2013”), the Central Government, vide Notification GSR 92(E) dated 01st February, 2021 has amended the Companies (Specification of Definitions Details) Rules, 2014 which shall come into force on the 1st day of April, 2021. The […]

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Mandatory filing of MGT-14 for Board Resolution in case of Private Placement despite of Exemption to Private Companies

As per Rule 14(8) of Companies (Prospectus of Securities) Rules, 2014, “a company shall issue private placement offer cum application letter only after the relevant special resolution or Board Resolution has been filed in the Registry.” “Provided that Private Companies shall file with the Registry copy of Board resolution or special resolution with respect to […]

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Restriction on utilisation of subscription money under Private Placement

Section 42 of the Companies Act, 2013 (‘CA 2013’) relating to private placement norms for issue of securities, was substituted by the Companies (Amendment) Act, 2017 w.e.f. 07.08.2018. Simultaneously, Companies (Prospectus and Allotment of Securities) Rules, 2014 was amended by the Companies (Prospectus and Allotment of Securities) Second Amendment Rules, 2018 w.e.f. 07.08.2018. The amendments […]

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DPT-3 For the financial year 2020-21 can be filed upto 31 August, 2021

DPT–3 form is the statement return which is required to be filed by every company other than a Government Company and a class of company specify, which has accepted deposits under section 73 of the Companies Act, 2013 (‘Act’) and rules made thereunder. Generally, every amount accepted from public (including members) is treated as public […]

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Relaxation of time for filing forms related to creation or modification of charges under the Companies Act, 2013

Further relaxation of time for filing forms related to creation or modification of charges under the Companies Act, 2013 during Financial Year 2021-22 The Ministry of Corporate Affairs (‘MCA’) vide General Circular No. 12/2021 dated 30.06.2021 has further extended the time given under earlier General Circular No. 07/2021 dated 03.05.2021. By General Circular No. 11/20121 […]

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Comparison between Right Issue and Preferential Allotment under Companies Act, 2013

Comparison between Issue of shares on Right Basis (Right Issue) and Issue of shares on Preferential Basis (Preferential Allotment through Preferential Offer) under Companies Act, 2013. Issue of share on Rights Basis and issue of shares on Preferential Basis are covered under Section 62 of the Companies Act, 2013 and Companies (Share Capital and Debentures) […]

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Omission of restriction on conducting Board Meeting through Audio Visual

Omission of restriction on conducting Board Meeting through Audio Visual Means for certain matters listed in Rule 4 of the Companies (Meetings of Board and its Powers) Rules, 2014 –– Welcome Step by Ministry of Corporate Affairs Amidst compliance chaos during the pandemic running in the country, Ministry of Corporate Affairs has come up with […]

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