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CSR Compliances as per New Rules

  Affluence Advisory    29 August 2022 at 13:33

The Companies Act, 2013 (the Act) introduced the mandatory provisions of CSR and accordingly Section 135 of the Act and the Companies (Corporate Social Responsibility Policy) Rules, 2014 ["CSR Rules"] framed thereunder govern CSR in India.



Penalty for non-maintenance of registered office

  Affluence Advisory    27 August 2022 at 11:38

Every Company should maintain its registered office pursuant to Section 12 of the Companies Act, 2013.



Physical Verification of Registered Office of the Companies by ROC

  Affluence Advisory    20 August 2022 at 16:22

The MCA vide notification dated 18/08/2022 has notified Companies (Incorporation) Third Amendment Rules, 2022 to insert a new rule in Companies (Incorporation) Rules, 2014, which pertains to physical verification of the registered office address of the Companies.



Can company give loans to directors and relatives?

  Affluence Advisory    17 August 2022 at 16:12

Section 185 of the Companies Act, 2013 contains prohibition, restriction and exemption for providing Loan, Guarantee, and Security to the Directors of the Company and any of their relatives.



Misconceptions regarding filing of annual return and applicability to prepare extract of annual returns

  Affluence Advisory    08 August 2022 at 16:44

Annual Return is a significant document for all the Stakeholders of the Company as it provides in a nutshell, very comprehensive information about various aspects of the Company.



Ratification in context of Companies Act, 2013

  Affluence Advisory    26 July 2022 at 16:35

The expression "ratification" was precisely defined by the English Court in one old case, Hartman v. Hornsby as under "Ratification" is the approval by act, word, or conduct, of that which was attempted (of accomplishment), but which was improperly or without proper authority performed in the first instance."



Non Compliance in the use of KMP designation by private companies

  Affluence Advisory    22 July 2022 at 12:53

The executive management of a company is responsible for the day-to-day functioning of the company. The Companies Act, 2013 has used the term key managerial personnel to define executive management. The key managerial personnel are the point of first contact between the company and its stakeholders.



Related Party Transaction - Part 1

  Affluence Advisory    21 July 2022 at 14:39

The regulators has imposed restrictions for related party transactions for empowering protection to the minority shareholders' interests through requirement of the approval of the shareholders through a resolution for all material related party transactions, wherein all the related party of the company refrain from voting.



Foreign company can set up their operations in India through Branch Office / Liaison Office / Project Office

  Affluence Advisory    20 July 2022 at 12:53

A company incorporated outside India have an option to have an office in India by way of a branch office (BO), a liaison office (LO) and a project office (PO). ..



Ease of doing business in India: An analysis

  Affluence Advisory    02 July 2022 at 13:12

A favorable business environment is a prerequisite for the economic growth of a nation. A country like India which is among the fastest developing countries in the world has the potential to surpass the leading countries in terms of business.