Showing posts with label CA 2013. Show all posts
Showing posts with label CA 2013. Show all posts

Wednesday, 13 January 2016

Process of condonation of delay in creation/modificaiton/satisfaction of charge charge

PROCESS OF CONDONATION OF DELAY IN CREATION/MODIFICATION /SATISFACTION OF CHARGE
 

CHARGE:
Section 77 states that Companies are required to register ALL TYPES OF
CHARGES, with ROC within 30 days of its creation.
• within or outside India,
• on its property or assets or any of its undertakings,
• whether tangible or otherwise, and
• situated in or outside India
TIME PERIOD FOR CREATION/MODIFICATION OF CHARGE:
For Creation of Charge Form CHG 1/CHG 9 will be filed with fees prescribed under Act within
30 days of Creation of Charge.
Extension of Time: Proviso to section 77(1) of CA, 2013
If Company fails to file within 30 days?
If Company fails to file CHG 1 within 30 days of creation of charge then Registrar of
Companies may allow such registration to be made within a period of 300 days of

Tuesday, 15 April 2014

Minority gets major powers in new Compaies Act

Minority shareholders can block related-party deals.

The new Companies Act rules have given a lot of powers to minority shareholders, but the one creating ripples in the corporate sector is that promoters, who are majority shareholders, cannot vote in special resolutions in cases of related-party transactions.

The new rules under Section 188 say any related-party transaction that is not done in the ordinary course of business and is not at an arm’s length will need approval of minority shareholders by way of a special resolution. But, shareholders who are related or interested parties in the transaction will not be able to vote in resolutions relating to payment of brand fees or management fees to majority shareholders.

Friday, 28 March 2014

CIN to be mentioned on Letterheads and Invoices and Companies Act Rules notified

CIN to be mentioned in letter heads, invoices etc.:

Section 12(3)(c) of COMPANIES ACT 2013, which will be effective from 1.4.2014, provides that every company shall get its name, address of its registered office and the Corporate Identity Number along with telephone number, fax number, if any, e-mail and website addresses, if any, printed in all its business letters, billheads, letter papers and in all its notices and other official publications. Please ensure the above mentioned  compliance.

ALSO, Companies Act Rules also notified
http://www.mca.gov.in/MinistryV2/companiesact.html

MCA notifies new Companies Act 2013

The Ministry of Corporate Affairs has notified 183 new Sections of the Companies Act 2013 and some sub- Sections of 13 Sections which were already notified by notification dated September 12, 2013 and remaining schedule, in the fourth phase today effect from April 01, 2014. Now a total of 283 Sections of the new Act stand notified.some of them are related to:

INCORPORATION DEBENTURES (71) DEPOSITS (73) MEETING DISCLOSURE OF INTEREST SCHEDULE I TO VI and More

The Sections remaining to be notified are related to National Financial Reporting Authority, Investor and Education Protection Fund, Compromise and Arrangement, Oppression and Mismanagement, Winding Up, Sick Companies, Special Courts, National Company Law Tribunal. Majority of these Sections are not notified due to pending case in Supreme Court with respect to the National Company Law Tribunal.