INTRODUCTION The Companies Act, 2013 provides for the kinds of companies that can be promoted and registered under the Act. The three basic types of companies which may be registered under the Act …
Company Law
Introduction – Company Law
INTRODUCTION The concept of ‘Company’ or ‘Corporation’ in business is not new but was dealt with, in 4th century BC itself during ‘Arthashastra’ days. Its’ shape got revamped over a period of time …
MAJORITY POWERS AND MINORITY RIGHTS
INTRODUCTION In the corporate world, all democratic decisions and management of a company are made with the majority rule which is deemed to be fair and justified. Majority power has great importan…
Prevention of Oppression and Mismanagement
In the Companies Act, 2013 Chapter XVI deals with the topic of “Prevention of oppression and mismanagement”. Oppression is the exercising of authority or power in a burdensome, merciless, or unjust…
Winding Up
Introduction: ‘Winding up’ of a company is the process of closing or finishing up of a company. Under this process, the company ceases to carry on its business. The management of its affairs is tak…
Inspection, Inquiry and Investigation
INTRODUCTION Inspection, Inquiry and Investigation falls as the XIVth Chapter of the Companies Act, 2013. From Section 206 to Section 229, the details of Inspection, Inquiry and Investigations are …
Non-Compliance Can Result In Imprisonment – Strictness Of The Government
A country can never be developed until it is free of corruption and the only strategy to control corruption is implementing the laws strictly. As we know that Government of Indian with the help of …
Redemption of Preference Shares by a Company Limited by Shares
Redemption of Preference shares by a Company Limited by Shares Key Considerations: A company may redeem its preference shares only on the terms on which they were issued or as varied after due appr…
Applicability and Exemption under Central Goods and Services Tax Act, 2017
Acts & Rule Central Goods and Services Tax Act, 2017, Integrated Goods and Services Tax Act, 2017 & Central Goods and Services Tax Rules, 2017, Amendment Rules, 2017 and (Second Amendment) …
Procedure for Declaration and Payment of Interim Dividend by the Board of Directors
In accordance with the provisions of sub-section (3) of section 123, the Board of Directors of a company may declare interim dividend during any financial year out of the surplus in the profit and …
Incorporation of a Private Limited Company
Incorporation of A Private limited Company (Other than One Person Company) Section 2 (68) states that a private company means a company having a minimum paid up share capital as may be prescribed, …
Holding First Meeting of Board of Directors of a Company
Section 173(1) of the Companies Act, 2013 prescribes that every company shall hold the first meeting of the Board of Directors within 30 days of the date of its incorporation. Key Considerations: 1…
Change of Name of Company Under Companies Act 2013
Introduction Section 13(2) of the Companies Act, 2013 lays down that any change in the name of a company shall be subject to the provisions of sub-sections (2) and (3) of section 4 and shall not ha…
Amendments in Company Law
The Companies Act 2013 passed by the Parliament received the assent of the President of India on 29th August 2013. The Act consolidates and amends the law relating to companies. The Companies Act 2…
Incorporation of a Company with Charitable Objects – Section 8 Company
Introduction Section 8 comes into play where it is proved to the satisfaction of the Central Government that a person or an association of persons proposed to be registered under the act as a limit…
MEMORANDUM OF ASSOCIATION
MEMORANDUM OF ASSOCIATION The Memorandum of Association is a document which sets out the constitution of a company and is therefore the foundation on which the structure of the company is built. It…
Incorporation of A Public limited Company
Incorporation of A Public limited Company – Companies Act 2013 Section 2 (71) states that a public company means a company which: is not a private company; has a minimum paid-up share capital…