Companies (Inspection, Investigation,Inquiry)act 2013

Companies (Inspection, Investigation,Inquiry)act 2013

Companies( inspection ,investigation, inquiry) Act 2013 Chapter XIV (Sections 206 to 229 ) of the Companies Act, 2013 deals with the provisions related to inspection, investigation and inquiry. The Companies (Inspection, Investigation and Inquiry) Rules, 2014 published vide G.S.R. 247(E), dated 31-03-2014. Read with section 210 “Investigation into affairs of company”, section 211 “Establishment of […]

Tanish Karuia

December 18, 2023 at 06:48 AM

Companies Appointment And Remuneration Of Managerial Personnel Rules 2014

Companies Appointment And Remuneration Of Managerial Personnel Rules 2014

Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014, as amended by Companies (Appointment and Remuneration of Managerial Personnel) Amendments Rules, 2020.   Appointment and Remuneration of Managerial Personnel Rules 2014 are applicable from 1st April 2014. Rule 6 is read with section 200, “Central Government or company to fix a limit concerning remuneration.” Rule-6 specifies […]

Harshit Jain

December 18, 2023 at 06:43 AM

SECTION 422 EXPEDITIOUS DISPOSAL BY TRIBUNAL AND APPELLATE TRIBUNAL

SECTION 422 EXPEDITIOUS DISPOSAL BY TRIBUNAL AND APPELLATE TRIBUNAL

What is National Company Law Tribunal? It is a quasi-judicial body that is authorized to deal with the corporate disputes which are civil and arising under the Companies Act. The current President of NCLT is Chief Justice (Retd.) Ramalingam Sudhakar[4]. Functions- Benches of National Law Tribunal[6]– Locations Jurisdiction Principle Bench i.e., New Delhi New Delhi […]

Sankalp Mirani

December 18, 2023 at 06:42 AM

SECTION 130: REOPENING OF ACCOUNTS ON COURT’S OR TRIBUNAL’S ORDER

SECTION 130: REOPENING OF ACCOUNTS ON COURT’S OR TRIBUNAL’S ORDER

This section seeks to provide for the re-opening of books of accounts and recasting of accounting records on an order by the competent court or Tribunal if it is discovered that earlier accounts were prepared fraudulently, or financial statements are not accurate due to mismanagement of the company’s affairs. REOPENING OF ACCOUNTS ON ORDERS OF […]

Aesha Gandhi

December 18, 2023 at 06:37 AM

Serious Fraud Investigation Office (SFIO) – Section 211 & 212 Of Companies Act 2013

Serious Fraud Investigation Office (SFIO) – Section 211 & 212 Of Companies Act 2013

The Serious Fraud Investigation Office (SFIO) is an Indian statutory corporate fraud investigation authority. Originally, it was established by a resolution passed by the Government of India on 2 July 2003, and it conducted investigations within the existing legal framework established by Sections 235 to 247 of the former Companies Act, 1956. Eventually, Section 211 […]

Arpita Maharana

December 18, 2023 at 06:36 AM

Advertisement Of Prospectus: Section 30 of the Companies Act 2013

Advertisement Of Prospectus: Section 30 of the Companies Act 2013

Advertisement Of Prospectus – “Where an advertisement of any of a company is published in any manner, it shall be necessary to specify therein the content of its memorandum as regards the objects, the liability of members and the amount of share capital of the company, and the names of the signatories to the memorandum […]

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Gayathri Madhu

December 17, 2023 at 07:59 AM

Section 270 Companies Act 2013: Winding up by the tribunal

Section 270 Companies Act 2013: Winding up by the tribunal

Section 270 Definition and Meaning Winding up of a company is the process through which a company’s existence and operations comes to an end. Its property is evaluated at realisable value and distributed to the beneficiaries like its members and creditors. A Liquidator is appointed to take control of the company who realises its assets, […]

Harmehak Kaur Anand

December 17, 2023 at 07:37 AM

Section 202 Of Companies Act 2013: Compensation For Loss Of Office

Section 202 Of Companies Act 2013: Compensation For Loss Of Office

Eligibility of Compensation for Loss of Office A company can make payment for loss of office to the following Key Managerial Personnel (KMP): Permissible Timeline for claiming Loss of Office https://taxguru.in/company-law/compensation-loss-office-section-202-companies-act-2013.html Conditions to not Pay for Compensation for Loss of Office Sub-section : From a director’s perspective: https://taxguru.in/company-law/compensation-loss-office-section-202-companies-act-2013.html Sub-section: From company’s […]

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Arpita Maharana

December 17, 2023 at 07:33 AM

Sec 328 of Companies Act, 2013: Fraudulent Preference given to creditors

Sec 328 of Companies Act, 2013: Fraudulent Preference given to creditors

When a corporation does anything or suffers something as a result of fraudulent conduct that may assist a person in standing out in a stronger position throughout the winding up, this is referred to as a “fraudulent preference” granted by the company. Let us understand it in an elaborative manner: If a company does anything […]

Amrit P Mishra

December 15, 2023 at 01:11 PM

Section 209- Search and seizure.

Section 209- Search and seizure.

Section 209 1. It states that if the registrar or inspector during the inspection has reasonable grounds to believe that the documents are likely to be damaged, tampered with, falsified, or secreted he can obtain an order from Special Court for the seizure of such documents and has the right to: 2. The registrar or […]

Sanskar Garg

December 15, 2023 at 01:03 PM