All clauses of the Memorandum except the Capital Clause can be altered by following the provisions of Section 13 of the Companies Act, 2013 by passing a special resolution.
As on date, there are only two options to get DIN. One with Incorporation Form and second with the Copy of Board Resolution of the existing Company.
After the commencement of the Companies Act, 2013, from 01st April 2014, the Compliance requirement of the Companies have increased like MSME-1, BEN-2, Dematerialization of Shares etc.
Ministry of Corporate Affairs has issued a myriad of amendments in the Companies Act, 2013 in July 2021. Let us discuss the same.
There are many ambiguities in the minds of corporates and professionals about the treatment of Loan from Shareholders, as to whether the same is considered as a deposit or not?
As per Section 187(1), 'All investments made or held by a company in any property, security or other assets shall be made and held by it in its own name.'
Analysing which are the entities to whom a company can give Loan/ Guarantee/ Security etc' under Section 185 of the Companies Act, 2013 after amendment by the Companies Amendment Act, 2017.
Section 2(76) - Definition of Related Party Transaction, Section 188 - Related Party Transaction and Section 189 - Registration of transactions in which directors are interested.
As per Section 186(2), no company shall directly or indirectly give any loan to any person or give any guarantee or provide security in connection with a loan to any other body corporate or person.
MCA has caused a myriad of amendments in the Companies Act, 2013 in March 2021. Covering all such amendments along with the impact of the same on the Corporates.
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