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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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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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 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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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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E-Form ADT-1 is required to be filed pursuant to Section 139 and 140 of the Companies Act, 2013 (‘CA, 2013’) and pursuant to Rule 4(2) of the Companies (Audit and Auditors) Rules, 2014. It is notable that the first Auditor shall be appointed in the company by Board of Director under Section 139(6) or 139(7) […]

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Relaxation in compliances for Shifting of Registered Office within the same State from the jurisdiction of one Registrar of Companies to another The Ministry of Corporate Affairs (MCA), in exercise of the powers conferred by section 469 of the Companies Act, 2013, has substituted Rule no.28 of Companies (Incorporation) Rules, 2014, regarding ‘Shifting of registered […]

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ESOPs BY FOREIGN HOLDING TO THE EMPLOYEES OF ITS INDIAN SUBSIDIARY List of Prescribed Compliances- Under FEMA and Companies Act, 2013 A) Compliances Under FEMA: In compliance of Master Circular on Direct Investment by Residents in Joint Venture (JV) / Wholly Owned Subsidiary (WOS) Abroad (Master Circular No. 11/2015-16) Section (C): Other Investments in Foreign […]

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The Ministry of Corporate Affairs (MCA), in exercise of the powers conferred by sub-sections (1), (2), (3), (4), (8), (9), (10) and (11) of section 125 and sub-section (6) of section 124 read with section 469 of the Companies Act, 2013 vide Notification no. G.S.R. 854(E) dated 5th September, 2016 had notified Investor Education and […]

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Now, your debtor can’t mess up with you , thanks to The Insolvency And Bankruptcy Code,2016 With the amendment in the Companies Act 2013 the provision for winding up of the company for the reasons due to unable to pay the debt has been omitted. Now, if their case is genuine, the only remedy available […]

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