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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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 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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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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The MSME Development Act, 2006 (‘MSMED Act’) strengthens the provisions relating to delayed payments to the Micro, Small and Medium Enterprises (‘MSME’) by specifying the maximum credit period and higher penal interest if delayed beyond that period. If there is a delay in payment, companies will have to mention the reason for such delay in […]

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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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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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