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

PROMOTER : A Debatable word

Literal Meaning
As per Oxford Advanced Learner’s Dictionary, Promoter means a person or company that organizes or provides money for performance or an event. Promoter is a person (natural or artificial) who tries to persuade others about the value or importance of something.
From legal definition, Promoter is a person or company that finances or organizes or involved in setting up and funding a new company.
We can say that its an individual or company that, for a fee, helps raise money for some type of investment and operational activity of the company.
Nowadays, in general public, there is a confusion about who is the Promoter of the Company. Though the word Promoter has been defined in Companies Act, 2013 and SEBI (Issue of Capital and Disclosure) Regulations, here I tried to present it for better understanding of the word Promoter.

The Analysis of the Companies (Meetings of Board and its Powers) Second Amendment Rules

The Analysis of the Companies (Meetings of Board and its Powers) Second Amendment Rules, 2015 and Companies (Audit and Auditors) Amendment Rules 2015 which to be published in the Gazette of India as on 14^th December, 2015.

In the Companies (Meeting of Board and its Powers) Rules, 2014,

After Rule 6 of Companies (Meeting of Board and its Powers) Rules, 2014 the Rule 6A inserted:

Before Amendments:

 Rule 6 of Companies (Meeting of Board and its Powers) Rules, 2014 talk about Committee of the Board:

The Board of Directors of every listed Company and;

·         All public Companies having Paid up Capital of Rs. 10 crore or more;

·         All public Companies having Turnover of Rs. 1 Crore or more;

·         All public Companies having in aggregate, outstanding loans or borrowings or Debenture or Deposits exceeding 50 Crore or more.

ANALYSIS OF FACTORS FOR DIVIDEND

 

ANALYSIS OF FACTORS FOR DIVIDEND

Background

Dividend strategy of a company, more particularly which is widely held, should be such that the needs for funds within the company are satisfied and also the reasonable expectations of the investing public/ share capital providers are met.  Hence, a good course of action should strike a balance between the outgo on account of dividend, and, retention of funds as internal accruals of a company.       

{ I }  Types of Dividend

1.         Regular and stable Dividend.

Debt Listing Regulations

Obligations of Listed Entity which has Listed its

Non-Convertible Debt Securities & Non-Convertible Redeemable Preference Shares

Securities and Exchange Board of India (‘SEBI’) in terms of power conferred under SEBI Act, 1992 notified Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015 (‘Listing Regulations 2015’) on 2nd September, 2015, whereby it tries to align the present Listing Agreement with the Companies Act, 2013 and they consolidate the scattered requirement under listing agreement for different securities under single piece of regulation. This regulation will be effective from the 90th day of this notification in the Official Gazette i.e. 1st day of December, 2015. The Regulation 23(4) and 31A will be effective with immediate effect.

Date of Publication in Official Gazette:                                       September 2, 2015

Date of Applicability:                                                                 December 1, 2015

Applicability: The provisions of below given regulations apply only to a listed entity which has listed its ‘Non-convertible Debt Securities’ and ‘[1]Non-Convertible Redeemable Preference Shares’ on a [2]recognized stock exchange.

This regulation also applicable on “Perpetual Debt Instrument” and "Perpetual Non-Cumulative Preference Share” listed by banks.

‘NON – CONVERTIBLE DEBT SECURITIES’ which is ‘debt securities’ as defined under regulation 2(1)(e) of the Securities and Exchange Board of India (Issue and Listing of Debt Securities) Regulations, 2008. [Regulation 2(1)(t) of SEBI (LODR) Regulation 2015]

“NON – CONVERTIBLE REDEEMABLE PREFERENCE SHARE” means a preference share which is redeemable in accordance with the provisions of the Companies Act, 1956 (or the Companies Act, 2013) and does not include a preference share which is convertible into or exchangeable with equity shares of the issuer at a later date, with or without the option of the holder. [Regulation 2(1)(k) of SEBI (Issue and Listing of Non-Convertible Redeemable Preference Shares) Regulations 2013]

“DEBT SECURITIES” [Regulation 2(1) (e) of SEBI (ILDS) Regulations 2008] means a non-convertible debt securities which create or acknowledge (include)

Related Party Transactions under SEBI

RELATED PARTY TRANSACTION UNDER SEBI (LISTING OBLIGATION & DISCLOSURE REGULATION)

SEBI (LODR)

All the requirements and conditions to be fulfilled in case of related party transactions have been altered to be in line with the provisions of Companies Act, 2013.

“This is the provisions of SEBI (LODR), which are applicable with immediate effect from 2^nd September, 2015; Passing of ordinary resolution instead of special resolution in case of all material related party transactions subject to related parties abstaining from voting on such resolutions.“

A.     “RELATED PARTY” means a related party as defined under sub-section (76) of section 2 of the _[1]Companies Act, 2013 or under the applicable acc