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Category Archives: Company Law

Striking Off Companies: A Comprehensive Guide

Striking off is a crucial process in companies from the official registry to Corporate governance and regulatory compliance. It includes the removal of…
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Section 179 of Companies Act 2013

Detailed Analysis of Section 179 of the Companies Act, 2013

The Companies Act, 2013 provides a cornerstone of the Indian business legislation. Section 179 of Companies Act 2013 is a significant rule for defining…
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Whole Time Director in a Private Limited Company

Managing Director & Whole Time Director in a Private Limited Company

In a private limited business, the Managing Director (MD) and Whole Time Director (WTD) are critical to good governance and operational leadership. The…
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Consequences of Non-Compliance: Impact under the Company Law

Consequences of Non-Compliance: Impact under the Company Law

In the world of business regulations, adherence to company law means a basis for make sure an ethical performances and legal compliance. Despite…
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Registered Office Under Section 12 of Companies Act

Significance of Registered Office Under Section 12 of Companies Act & Form INC-22 Filing

A registered office set up a fundamental step for any organization, laying the cornerstone of its legal recognition and performance framework. According to…
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Merger Implications under Companies Act

Merger Implications under Companies Act

In the dynamic world of business deals, mergers and acquisitions (M&A) are essential strategies used by organizations to expand their market presence, maximize…
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Merger of Indian LLP with Company

Merger of Indian LLP with Company: Analyzing Casus Omissus Principle

The merger of Indian LLP ( Limited Liability Partnership) with a company is a complex process that requires careful consideration of various legal and…
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Section 188 of Companies Act, 2013 & AS-18

Section 188 of Companies Act, 2013 & AS-18

The companies act, 2013 and Accounting Standard-18 (AS-18) are the regulatory structure in the corporate governance and financial reporting. Each one of them…
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Charges under Companies Act 2013

Charges under Companies Act 2013

The Companies Act 2013 has brought consequential impact in the corporate structure. Various rules and regulations have been numbered which determine the impact…
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Arbitrability of Flat-Buyer Disputes under RERA Act 2016

Arbitrability of Flat-Buyer Disputes under RERA Act 2016

The Indian government enacted, the Real Estate (Regulation and Development) Act, 2016 (RERA) which serves as a legislative framework, designed to protect the…
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Type of Directors in a Company in India

Type of Directors in a Company in India

The directors through the board of directors manage a company by making decisions, devising strategies, and ensuring the organization meets its objectives. Every…
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Significant Beneficial Owners

BENEFICIAL INTEREST IN LLP CONTRIBUTION

The Ministry of Corporate Affairs, New Delhi recently issued a significant notification dated 27 October 2023, amending Limited Liability Partnership Rules (LLP), 2009.…
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Rates of stamp duty on transfer of shares

PAYMENT OF STAMP DUTY ON SHARES

Stamp duty on shares is a tax imposed by government on the transfer of ownership of shares and securities as outlined under Companies…
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What is AoA for Nidhi Company

What is AoA for Nidhi Company Formation?

AoA for Nidhi Company is a document that contains the purpose of the Nidhi Company and its operational guidelines. AoA is an important…
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What is the Role of a Nominee in OPC

What is the Role of a Nominee in OPC?

A nominee plays a crucial role in an OPC. A novel type of business structure known as the One Person Company (OPC) emerged…
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Right Issue of Shares: Step-by-Step Procedure

Right Issue of Shares: Step-by-Step Procedure

A Right Issue of shares is an excellent opportunity for existing investors to increase their stake in the company. This article examines the…
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Disclosure of Director’s Interest

Disclosure of Director’s Interest: Section 184 Companies Act, 2013

Ever asked yourself how companies maintain fairness and transparency while making important decisions?  Disclosure of Director’s Interest The answer lies in Section 184…
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Understanding Loans to Directors as per Companies Act, 2013

Understanding Loans to Directors as per Companies Act, 2013

In the corporate world, the Companies Act, 2013 (hereinafter referred to as “Act”), plays a crucial role in regulating and governing the functioning…
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Threshold Limit under Companies Act

Threshold Limit under Companies Act, 2013

Have you ever wondered how certain rules and regulations under the Companies Act of 2013, apply differently to various companies? The answer lies…
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Different Committees and their Functioning

Different Committees and their Functioning as per Companies Act, 2013

Do you know about the different committees and their functioning as per Companies Act, 2013? When it comes to running a company smoothly,…
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All you need to about Issue of Bonus Shares under Companies Act, 2013

All you need to about Issue of Bonus Shares under Companies Act, 2013

The Issue of Bonus Shares is a significant aspect of corporate finance and is governed by the provisions of the Companies Act, 2013…
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Winding Up of a Company by Tribunal

Commencement of Winding Up of a Company by Tribunal under Companies Act, 2013

Winding up a company means closing down and canceling its operations. Under the provisions of the Companies Act, 2013, the winding-up process can…
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Section 164 of Companies Act

An Insight into Section 164 of Companies Act, 2013: Disqualification of Directors

Directors play a vital role in the corporate governance of companies, ensuring compliance with laws and regulations while safeguarding the interests of various…
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Appointment & Resignation Of The Directors

Procedure for Appointment and Resignation of the Directors as per Companies Act, 2013

Directors play a crucial role in the governance and management of a company. The appointment and resignation of directors are significant events that…
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Independent Director Eligibility

Independent Director: Appointment Criteria, Process, Roles & Duties

In recent years, the concept of Independent Directors has gained significant importance in the corporate world. Independent Directors are individuals who are not…
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Account Reopening in India as per Companies Act, 2013

A Tribunal Overview on Account Reopening in India as per Companies Act, 2013

The Companies Act, 2013 is the governing law for companies incorporated in India. It lays down the rules and regulations that companies need…
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Functions of a Company Secretary

All you need to know Functions of a Company Secretary as per the Companies Act, 2013

Members of self-governing professions are required to assume legal and ethical responsibility for their work, as well as to prioritize the public and…
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Annual General Meeting as per Companies Act

Know all about Annual General Meeting as per Companies Act, 2013

The Companies Act, 2013 is a comprehensive legislation that regulates the functioning of companies in India. One of the significant requirements of the…
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Variation and Procedure in Shareholders Rights

Shareholders Right – Know its Variations and Procedures of Modification

Shareholders rights refer to the legal and financial entitlements that shareholders hold as owners of a corporation. Shareholders have certain privileges, powers, and…
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Types of Share Capital

What are the Types of Share Capital? – Detailed Overview

For companies, funding is the most vital part for functioning of the business and Share capital is the main funding for companies. Share…
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Allotment of Securities by a Company

Provisions For the Allotment of Securities by a Company

The Companies Act, 2013 provides a comprehensive framework for the allotment of securities by a company. The Act contains provisions for the issuance…
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Issue of Debentures by A Company

Issue of Debentures by A Company: How does a Company Issue Debenture to the Public?

Debentures are a form of long-term debt instrument issued by a company to raise funds from the public. It is a popular financing…
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Transfer and Transmission of Securities

All you need to know about Transfer and Transmission of Securities

Transfer and Transmission of Securities refer to the legal process of transferring ownership of stocks, bonds, and other financial assets from one party…
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Declaration of dividend

Dividend Declaration: Meaning, Sources, Mandatory Conditions and Procedure

When a company announces that it will be issuing dividends, it's known as a dividend declaration. Dividends are a distribution of a company's…
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Appointment Of Auditor – Companies Act, 2013

Appointment Of Auditor – Companies Act, 2013

The Auditor’s appointment is a vital procedure for a company as it makes sure about the transparency and accuracy of the company’s financial…
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Issue Of Sweat Equity Shares

Issue of Sweat Equity Shares under Companies Act, 2013

The Issue of Sweat Equity Shares is a common practice among companies that want to incentivize their employees and retain key talent. Sweat…
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Equity Shares with Differential Rights

Equity Shares with Differential Rights under Companies Act, 2013: A Comprehensive Guide

Equity shares with differential rights refer to shares that provide specific rights or privileges to certain shareholders, which differ from the rights enjoyed…
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FAQs on MCA V-3

Clearing the Confusion: Your FAQs on MCA V-3 Answered

The Ministry of Corporate Affairs (MCA) has introduced a new version of the Form SPICe+ and other related forms, which is known as…
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Directorship by foreigners In Indian Companies

Directorship by Foreigners in Indian Companies: A Growing Trend

The globalization of the world economy has led to the increased participation of foreign entities in the Indian economy. In the corporate sector,…
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Types of Companies under Companies Act

Types of Companies under Companies Act, 2013

There are about 18 types of companies that exist in India. How many could you name? Don’t worry you can name it all…
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Remuneration to Directors of a Company

Allowable Remuneration/Salary to Directors of a Company

Regulation of the payment of directors' compensation is important for a number of reasons, chief among them the need to stop company money…
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Corporate fraud in India

Corporate Fraud in India & Outside India under Companies Act, 2013

Corporate fraud is defined as unlawful, misleading activities conducted by a company or a person using highly trained accounting practices to inflate a…
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Inter Corporate Loans and Investments

Inter Corporate Loans and Investments – Section 186 under Companies Act, 2013

With the approval of the board of directors or shareholders, a corporation can provide loans and guarantees, purchase securities, or invest in another…
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Specimen of minutes of board meeting

Specimen Excerpt of Board Minutes of a Private Limited Company

The minute of the general meeting is an integral document of the Company, which must be drawn up and kept in the same…
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Applicability of Section 62(1) of the Companies Act, 2013

Applicability of Section 62(1) of the Companies Act, 2013

If the company needs additional capital and keeps the voting rights of existing shareholders proportionally balanced, the company will issue Rights shares. The…
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Modes of issue of securities under the Companies Act, 2013

Modes of issue of securities under the Companies Act, 2013

Section 23 of the Companies Act, 2013 ("CA, 2013") sets out how a public company or a private company "may" issue securities. It…
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Corporate Governance in India

Concept of Corporate Governance in India

Corporate governance is a set of rules or concepts used to run a business. It makes sure that the business operates as it…
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Procedure For Issue of Duplicate Share Certificate

Procedure for Issue of Duplicate Share Certificate in India

Share certificates issued by the Company are sometimes lost or misplaced by the shareholders due to unforeseen circumstances. The loss of share certificates…
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An IPO-a step towards enhanced ‘Corporate Governance’

Going public is certainly a very important milestone in a company's life. An initial public offering (IPO) happens only once in a lifetime…
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How to Reply to Strike Off Notice Issued by ROC?

Reply Format to strike off notice u/s 248(1) of Companies Act 2013

If the company does not start operations within one year or the company does not carry out any business activity for 2 years,…
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Concept of Minutes of Meeting: Companies Act, 2013

Concept of Minutes of Meeting: Companies Act, 2013

A Company is an official entity that involves formal transactions. Every gathering, communication, or transaction which has the potential to affect any interest…
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Rules and Procedures of Board of Directors Meetings

Procedure for Cancellation of Resolution passed in Board Meeting

There is no provision in the Companies Act 2013 for the annulment of a resolution, whether it is a resolution of the board…
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Loan to Director – Section 185 of Companies Act, 2013 – Provisions

When the Companies Act, of 1956 was in effect, public companies may offer loans, guarantees, and securities if they acquired prior authorization from…
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CARO 2020

CARO 2020-Key Changes and Disclosure Requirements

CARO 2020 is a new system for the release of audit reports in the event of a statutory corporate audit under the Companies…
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Loan and investment by company

Provisions for Loan & Investment by Company under Section 186

Section 186 of the Companies Act 2013 sets out the loans and investments that a company can make. It states that the company…
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Powers of Board & Restriction on Powers of Board

Powers of Board & Restriction on Powers of Board – Companies Act

  Under the Companies Act 2013, a Company can exercise its power through a Board of Directors or shareholders. The relationship between the…
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Section 196 and 197 of Companies Act 2013

Brief of Section 196, 197 & Schedule-V of Companies Act, 2013

Sections 196 and 197 of the Companies Act 2013 and the rules made thereunder read together with Schedule V provide for the appointment…
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Transfer Shares of Private Limited Company

All About Transfer of Shares in physical format in case of Private Company

The transferability of a company's shares is a crucial feature. Moveable property includes shares and debentures. They can be transferred in the ways…
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CRUX of Section 108 109 & 110 of Companies Act 2013

CRUX of Section 108, 109 & 110 of Companies Act, 2013

Section 110 of the Indian Companies Act, 2013 contains the provisions of the 'postal ballot', Section 109 of the Indian Companies Act, 2013…
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Draft Format Of Directors Report for Small Company

Draft Format of Directors Report: Small Company 2022

All the registered companies are required to hold annual general meetings and file the company’s annual return with the ministry of corporate affairs. …
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Valuation of Unquoted Equity Shares – Rule 11UA

  Rule 11UA Income Tax Act applies to the initiation of unquoted shares. As per clause (b) of Sub-Rule 2 of Rule 11UA,…
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Analysis of Liquidation Process – Meaning, Forms and Procedure

  Liquidation is a process by which the legal position of a company ends. Companies are closed for various reasons but one of…
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Procedure for issue of share certificate

Procedure for Issue & Delivery of share certificates after allotment

When companies issue shares in the market, purchasing shareholders are issued a share certificate. The basic sharing certificate serves as a receipt for…
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Issue & Redemption of Preference Shares

Issue & Redemption of Preference Shares – Companies Act 2013

Section 55 of the Companies Act, 2013 read with Rule 9 of the Companies Act (Share Debt and Capital), 2014 allows the Company…
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Board’s Report under Companies Act 2013

Matters to be Included in Board’s Report under Companies Act, 2013

The Board's report is a message from the company's Board of Directors to its shareholders. The Board of Directors generally communicates about the…
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All about Employee Stock Options Plan (ESOPs)

All about Employee Stock Options Plan (ESOPs): Buyback of ESOPs

Employee Stock Options Plan (ESOP) is an employee benefit plan, that provides workers ownership interest in the company. This interest takes in the…
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Oppression & Mismanagement of Companies Act 2013

Oppression & Mismanagement of Companies Act 2013 – | Section 241-246 |

The principle of majority rule is at the heart of corporate democracy. The principle of majority originated with the rule of Foss v…
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Regulatory Framework of Issue of Shares and Securities to Foreigners

Regulatory Framework of Issue of Shares and Securities to Foreigners

Foreign Investment Policy regulates direct foreign investment in a country's production or business by a person or firm from another country. For developing…
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FAQs on Registering a One Person Company in India

FAQs on Registering a One Person Company in India

Presented in India by the new Indian Companies Act of 2013, the One Person Company (OPC) is absolutely a welcome means for innovative…
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Process of Extension of holding Annual General Meeting

Process of Extension of holding Annual General Meeting

Section 96 of the Companies Act, 2013 provides that each company other than a one person company will in every year hold an…
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Procedure, of Dormant Company

Dormant Company: Procedure, Eligibility, Fees

Introduction Where a company is formed and enrolled for a future task or to hold a resource or intellectual property and has no…
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Women Directors under Companies Act 2013

Women Directors under Companies Act 2013

The establishment of Companies Act, 2013 permitted India to have an advanced enactment for development and regulation of corporate area in India. The…
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All you need to know about difference between OPC and LLP

All You Need to Know About Difference Between OPC and LLP

  There are two very new concepts in the changing scenario of corporate law in India. The first is OPC which stands for…
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Provision of Charge as mentioned in Companies Act 2013

Provision of Charge as mentioned in Companies Act, 2013

A charge is a security given to the creditors for securing loans and debentures by creating mortgage on the assets of the company.…
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Difference between ESOP and Sweat Equity Shares

Difference between ESOP and Sweat Equity Shares

The employees of the company are the important element for the successful operation of the company. The companies can give appreciation to the…
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Signing Of Financial Statement Of Company Under Companies Act, 2013

The Financial Statement is the important document of the company which is required to be prepare in every financial year and audited by…
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Allotment of New Name to Existing Company under Companies Act, 2013

The name of the company is an identity it is recognised with. The Companies Act, 2013 allows the companies to change their name…
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Who can become a shareholder of a company?

Section 2(84) indicates ownership of an individual towards the company whose shares was purchased. By owning shares from a company one becomes an…
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Differential Voting Rights of Company under Companies Act 2013

The meaning of term differential voting rights is the difference between voting rights of two classes of shareholders. Now, this difference can either…
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All you need to know about Different Types of Companies in India

The Companies Act, 2013 defines a company as a company incorporated in India to carry different types of businesses. Companies are formed under…
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Financial Year Change of a Company under Companies Act, 2013

Financial Year Change of a Company under Companies Act, 2013

Companies Act, 2013 was introduced to replace the old Companies Act, 1956. The new Act brought along many changes as compared to the…
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Concept of Minimum & Maximum age of Directors as per Companies Act, 2013

Section 196 of the Companies Act, 2013 contains provisions about Appointment of Whole Time Director/Managing Director or Manager in a company. The section…
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Requirement of Filing Form MGT-9 as per Companies Act, 2013

At the end of every financial year, companies in India have to file an annual return. There are numerous amendments related to the…
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Liabilities of Directors and KMPs Under Different Laws

In general words, liability means the responsibility of the person. In the company, there are the directors and KMPS (Key Managerial Personnel) as…
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All you need to know about the Difference between MoA and AoA

A company in India is governed by two company charters known as Memorandum of Association and Articles of Association. Every entrepreneur wanting to…
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All About different types of Share Capital- A Complete Analysis

Share capital is liable for the running of a business and functioning smoothly. Its vital role in the structure of a limited company…
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MCA adds 22 more Forms in List of Forms providing Waiver of Additional Fee

On May 03, 2021, Ministry of Corporate Affairs published a General Circular No. 06/2021 relaxing the time and additional fees to be payable by any Company…
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Is Directorship under Private Limited Company a status or responsibility?

Table of contents: Introduction Requirement to become a director Types of Director in a company What are the provisions of appointment and cessation…
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Complete Information of holding Annual General Meeting as Per Companies Act 2013

Annual General Meeting, commonly known as AGM, is a mandatory yearly compliance requirement that every company needs to follow.  In the case, any…
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How Can you Start a Canteen Business in India?

If you are planning to set up your canteen business, then you are at the right spot. Here in this article, we will…
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What are the LLP Annual Filing Due Dates which you should be aware of?

For a Limited Liability Partnership (LLP), the returns should be filed periodically for maintaining compliance and escape heavy penalty under the law for…
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New Remuneration Regime for Independent Directors and Non-Executive Directors

Till now, there was no provision in the Companies Act, 2013 that allowed a remuneration for the non-executive director if the company was…
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Declaration and Payment of Dividend Under Companies Act 2013

Companies rely on funds to manage the affairs of their business successfully. Shareholders in a company play a vital role in raising funds,…
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Step by step process for the Name Change of Company as per Companies Act, 2013

Change is common, and things keep changing all the time. So do you think about sticking to the same business name is a…
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Procedure for Shares issue through Right Issue

To raise subscribed share capital of a registered Company, additional capital shares are issued through Right Issue. However, instead of issuing shares to the…
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All you need to know about Employee Stock Option Plan (ESOP)

At a growing stage of the Companies, Employee Stock Option Plan (ESOP) plays a vital role to attract and preserve valued employees for…
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How to file Trademark Objection Reply in India?

We Indian people don’t like any kind of objection in our life and this is the matter of trademark objection. Then, how can…
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Procedure for Issue of Shares on Preferential Basis Under Companies Act

According to the Companies Amendment Act 2017, a Company can raise funds or Capital mainly in three ways: (1) Private Placement/ Preferential Allotment…
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Dematerialisation of securities under Companies Act 2013

Under Indian law, shares of an unlisted company may be held either in physical form (i.e., denoted by letters of allotment/share certificates issued…
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Appointment of Directors from backend due to disqualification of all directors

A company has no physical existence, it is merely a legal entity. It can only act through natural persons. The person acting on…
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