Corporate Law Articles

Analysis of defects in appointment of directors

Posted by Amitav Ganguly 27 April 2016 34057 Views

BACKGROUNDThe Board of Directors { Board} of a company is its highest decision making organ whose actions are however subject to shareholders jurisdictions as per the scheme of the Company jurisprudence. The directors constituting the Board act colle

Can Existing Company be converted into a Limited Liability Partnership?

Posted by Gaurav 26 April 2016 10151 Views

A company is an association formed by people, whether living or artificial, with a motive to earn profit. It is a legal entity which has the power to ask money from outsiders in the form of shares, may it be privately owned or public. An existing com

Comparison of CARO reporting as per Companies Act, 2013 and Proposed Caro (2016)

Posted by CS Divesh Goyal 23 April 2016 13040 Views

Comparison of CARO reporting as per Companies Act, 2013 and Proposed Caro (2016)The Ministry had set-up a Committee on 16th September, 2015 to examine and recommend matter for inclusion in the statement to be attached with Auditor�s Report unde

Deemed public company - Subsidiary of Public Limited Companies

Posted by CS Divesh Goyal 22 April 2016 17753 Views

A. History:The Companies Act, 1956 provides for two kinds of Companies: Private and Public. However, prior to amendment of the Act in the year 2000 by Companies (Amendment) Act, 2000 w.e.f. 13th December 2000, one more type of Companies prevailed, i.

Provisions relating to MD / WTD as per companies act, 2013

Posted by CS Divesh Goyal 21 April 2016 12217 Views

SECTIONS INVOLVED:Section 152(2): Save as otherwise expressly provided in this Act, Every Director shall be appointed by the company in general meeting.Section 170(2): A return containing such particulars and documents as may be prescribed, of the di

Common problems of MCA with solution

Posted by CS Ankur Srivastava 19 April 2016 27569 Views

W.e.f. 27th March, 2016 MCA portal is under unconsciousness stage. Stakeholders are not able to even login, sign, prefill, upload, prescrutiny check of forms. Unnecessary cookies related solutions are being suggested by the MCA. Effort

Appointment & continuation of managerial personnel above the age of 70

Posted by CS Divesh Goyal 18 April 2016 7022 Views

Provision:As per 196(3) No company shall appoint or continue the employment of any person as managing director, whole-time director or manager who is below the age to twenty-one years or has attained the age of seventy years:Provided that appointment

Internal Financial Control over Financial Reporting (IFCR)

Posted by Pranjul Mittal 11 April 2016 78186 Views

Meaning of Internal Financial Control over Financial Reporting Guidance notes issues by Institute of Chartered Accountant of India on September 2015 states that Internal financial control over financial reporting shall mean �the policies and pr

Recent changes in CARO 2016

Posted by CS DHANAPAL 09 April 2016 141531 Views

The Ministry of Corporate Affairs has notified the Companies (Auditor's Report) Order, 2016 (CARO 2016) vide its Notification no. S.O. 1228(E) dated 29th March, 2016. This Order supersedes the Companies (Auditor's Report) Order, 2015 dated 10

Whether dividend can be paid in kind?

Posted by CS Divesh Goyal 09 April 2016 14858 Views

Provision: As per Section 123(5) of Companies Act, 2013 Dividend not be payable except in cash.Dividend: Section 2(35) of the Companies Act, 2013 simply states that "Dividend Includes Any Interim Dividend&