Articles by CS Divesh Goyal

Fraud Reporting

Posted by CS Divesh Goyal 17 June 2016 4128 Views

Financial fraud is a phenomenon that haunts everyone alike. Not only does it mean loss of an asset for the one who has been at the receiving end of a fraud, it has the capability of shaking the roots of

NCLT & NCLAT under companies act, 2013

Posted by CS Divesh Goyal 06 June 2016 9312 Views

It has been more than 14 years that we first heard about National Company Law Tribunal [NCLT] & National Company Law Appellate Tribunal [NCLAT]. But now by MCA Notification dated 1st June, 2016 in exercise of the powers conferred by section 408 o

Name approval guidelines for companies under companies act, 2013

Posted by CS Divesh Goyal 02 May 2016 7626 Views

In old Companies Act, 1956 Ministry had issued name availability guidelines by way of (Companies (Name Availability) Rules, updated in 2011). In the new Companies Act, 2013 name availability guidelines for Company are given under Rule 8 of the Compan

Process of compounding of MGT-14

Posted by CS Divesh Goyal 30 April 2016 11151 Views

AS PER SECTION-117 OF COMPANIES ACT, 2013:Sub- Section 1 of Section- 117: A Copy Of Every Resolution or any agreement, in respect of matters specified in sub-section (3) *** together with the explanatory statement under section 102, if any, annexed t

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

Posted by CS Divesh Goyal 23 April 2016 13039 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 17730 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 12211 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

Appointment & continuation of managerial personnel above the age of 70

Posted by CS Divesh Goyal 18 April 2016 7005 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

Whether dividend can be paid in kind?

Posted by CS Divesh Goyal 09 April 2016 14847 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&