Category: COMPANIES ACT, 2013

Buyback of shares is the repurchase of its outstanding shares by a company. Companies generally buyback shares in order to reorganise its capital structure, return cash to shareholders and enhance overall shareholders’ value. Buyback leads to reduction in outstanding number of equity shares, which may lead to improvement in earnings per equity share and enhance… Continue reading BUY BACK OF SHARES BY UNLISTED COMPANIES

This Article focuses on the modes of reduction of capital under the head “In Any Manner” as prescribed under section 66 of the Companies Act, 2013 other than those specified under the section. The reduction of share capital means reduction of issued, subscribed and paid up share capital of the company. Previously, reduction of share… Continue reading REDUCTION OF SHARE CAPITAL “IN ANY MANNER”

Introduction of Companies Fresh Start Scheme (CFSS), 2020 In line with existence pandemic of COVID-19 in our country and in order to give boost to the economy through corporate sector, the Indian government have decided to take some effective measures to rise in existing circumstances of global economy slowdown. In order to smoothen the corporate… Continue reading CONCEPT NOTE ON COMPANIES FRESH START SCHEME, 2020

To strengthen the Corporate Governance standards, initiate strict action against defaulting companies and help improve the ease of doing business in the country The Companies (Amendment) Bill 2017 was passed by the Lok Sabha on 27th July 2017. Rajya Sabha gave its nod to the Companies (Amendment) Bill that seeks to bring major amendments in… Continue reading Highlights of the Key Amendments of the Companies (Amendment) Bill, 2017 are enclosed herewith for ready reference.

Background The Government of India in order to strengthen the transparency norms has proposed an altogether new section 90 in the Companies (Amendment) Bill, 2017 which proposes to identify significant beneficial owner(s) of a company as any person or trust. The ministry, addressing the recommendation as given by financial action task force (FATF), has proposed… Continue reading BENEFICIAL OWNERSHIP – Proposed Amendment & Implication

Partner with “LexisNexis for Practical Guidance on Indian Company Law“ We are highly pleased to inform you about our partnership with “LexisNexis” ( an international publication house). We are one of the Indian Company Law partner of “Lexis Nexis” to their product “Lexis® Practical Guidance” which is an online workflow based practical solutions. We are supporting in… Continue reading Partner with “LexisNexis for Practical Guidance on Indian Company Law”

By maintaining its persistence efforts in making India as an active participant in development of world economy, the Central Government (Ministry of Corporate Affairs), has notified section 234 of the Companies Act, 2013 with effect from April 13, 2017 which states provisions for cross boarder merger. In order to supplement the said section, the MCA… Continue reading CROSS BOARDER MERGER- AN ADVANCE MOVE FOR INDIAN COMPANY

ESOP AND SWEAT EQUITY UNDER COMPANIES ACT 2013 (BENEFIT TOOLS FOR THE EMPLOYEES OF THE COMPANIES) ESOPs and Sweat equity shares are the management techniques (tools) offered by the companies which act as an incentive scheme to the professionals of such companies. ·         CORE POINTS ON ESOPS AND SWEAT EQUITY– “Sweat equity shares” means such… Continue reading ESOP AND SWEAT EQUITY UNDER COMPANIES ACT 2013

1.      Role and responsibilities of Directors   In view of the fiduciary position held by directors, explicit provisions prescribing directors duties have been added to the new Act. These include keeping away from situations in which they have conflicting interest with that of the company, duty to make good in monetary terms any undue gain/advantage on… Continue reading The Companies Act, 2013 DIRECTORS

The beginning of new era of compliance has been embarked with the enactment of Companies Act, 2013. The Act has introduced several new concepts and has also tried to modernize many of the requirements by introducing new definitions. Introduction of stringent provisions with heavy penalties mandated the System of Compliance management in a company to… Continue reading “Governance, Compliances & Risk Management- Companies Act, 2013”