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corporate law


Corporate Compliance Calendar for the month of October 2019

1. Compliance requirement under Income Tax act, 1961 Applicab..

Posted in articles |   136 Views


New norms of Differential Voting Rights

Introduction 1. The Ministry of Corporate Affairs (MCA) recently amended the Companies (Share Capital and Debentures) Rules, 2014 (SCAD Rules) which are relaxed norms for shares with Differential Voting Rights ('DVR') that will help such companies to retain control while raising equity..

Posted in articles |   190 Views


Blogging and intellectual Property

A blog is a brainchild of the blogger and he would definitely wouldn't want anyone to steal his idea and hard work that actually went into developing it. To thwart the unwanted attention, a blogger must be aware of legal techniques he can incorporate to protect his blog and creative expression. Commonly the blog owners are ..

Posted in articles |   380 Views


Allegations of fraud, criminal cases and arbitrability

In many cases, even though arbitration clauses are there in the contract, parties raise issues like fraud, forgery etc., and contend to the courts that matter is not arbitrable since the contract is vitiated or since it has become a criminal matter. The present article examines the Indian view in such matters. Arbitration and Conciliation Act, 1996 which is the proced..

Posted in articles |   1 comments |   589 Views


Invoking Arbitration against Non-signatories

Normally arbitration is defined as a mechanism created by a Contract between parties but in certain circumstances, even non-signatories also were added as parties to the arbitration without their consent and awards have been successfully enforced against the non-signatories. The Supreme Court of India for the first time recognized “Group Companies doctrine&rdquo..

Posted in articles |   347 Views


The Arbitration and Conciliation (Amendment) Act, 2019

The Arbitration and Conciliation (Amendment) Bill, 2019 was introduced in Rajya Sabha (Upper House of Parliament of India) by the Minister for Law and Justice, Mr. Ravi Shankar Prasad, on July 15, 2019, Rajya Sabha passed the said bill on 18th July 2919. Subsequently, Loksabha (Lower House of Parliament of India) passed the above said bill on 1st August 2019. It see..

Posted in articles |   1 comments |   401 Views


Registration of Section 8 company

What is section 8 Company : A Section 8 Company is an organization which is registered as a Non-Profit Organization (NPO). NPO/company has its objective of promotion of arts, commerce, charity, education, protection of environment, science, social welfare, sports, research, religion and intends to apply its pro..

Posted in articles |   90 Views


All you need to know about Consumer Protection Act, 2019

Have you ever felt cheated after purchasing something? Was the electricity bill abnormally high? Experienced problems with real estate after you bought a property? If this sounds familiar, and you have been a victim of any of these complaints, you're in for a pleasant surprise! It is time to celebrate; the Consumer Protection Act, 2019 has finally replaced the o..

Posted in articles |   2 comments |   276 Views


An Arbitration agreement in a void contract need not be Void

In some cases, at the stage of appointment of Arbitrator under S.11 of the Arbitration and Conciliation Act,1996 (The Act) or reference to Arbitration under S.8 of the Act, the Court may conclude that the underlying contract is void. In such cases, the question arises, whether the arbitration agreement survives after such a declaration by a court of law. As per S 16(1..

Posted in articles |   1 comments |   418 Views


The Law of winding up under IBC

Insolvency for companies was dealt with under a number of pieces of legislation including the Companies Act, 2013 (the “Companies Act”); the Sick Industrial Companies Act, 1985 (the “SICA”), the Recovery of Debt Due to Banks and Financial Institutions Act, 1993 (the “Recovery Act”) and the Securitization and Reconstruction of Fina..

Posted in articles |   3 comments |   395 Views


Analysis of the Significant Beneficial Owner rules

Form BEN-2 (Return to the Registrar in respect of declaration under Section 90) notified vide the Companies (Significant Beneficial Owners) second Amendment Rules, 2019 dated 1st July 2019 is now available for filing purposes on www.mca.gov.in . p..

Posted in articles |   224 Views


Jurisdiction of Debt Recovery Tribunal and jurisdiction of Civil Court: juxtaposition

In the instant article I would like to discuss the latest amendments made by Central Government by Act no 44 of 2016 in the section 17 of the Securitization Act 2002 and the interpretation given to it by Apex court. The amendment of  2016 included the words “ Any person ( including borrower) in section 17(10 and inserted a new sub clause 4a defining the rig..

Posted in articles |   2 comments |   325 Views


DIR-3 KYC: Mandatory compliance for DIN holders

(An Analysis Of MCA Circulars, Notification, Laws And Regulation, E-Forms Etc.) Attention: MCA (Ministry of Corporate Affairs) has recently issued Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2019 and The Companies (Registration ..

Posted in articles |   155 Views


Companies (Amendment) Act, 2019 - CSR Provisions become more stringent

The Companies (Amendment)Act, 2019 which has received the nod of both houses of parliament by July,30, 2019 represents a seemingly endless saga of the slew of  changes and alterations made to the Companies Act,2013 (hereinafter ”The Act”) which in a manner of speaking, has been battered and bruised for anybody’s comfort from the time it came int..

Posted in articles |   356 Views


Compliance overview for private limited companies

Private Limited Company: Private Limited Company is defined under Section 2(68) of the Companies Act, 2013 . It Means  a company which by its articles : (i) restricts the right to transfer its shares; (ii) except in case of One Person Company, limits the number of its ..

Posted in articles |   149 Views




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