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): Conditions to not Pay for Compensation for Loss of Office Sub-section : From a director’s perspective: A company need not pay under the following circumstances: The payment made to the director shouldn’t […]

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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

Penalties On Company, Officer, Auditor, etc. Under Companies Act 2013

Penalties On Company, Officer, Auditor, etc. Under Companies Act 2013

If any of the provisions of Sec 139 to Sec 146 is contravened then the company shall be punishable with a fine which shall not be less than Rs. 25,000.00 but which may extend to Rs. 5,00,000.00 as provided in section 147 of the Companies Act, 2013. Every officer of the company who is in […]

Shubham Mishra

December 15, 2023 at 01:01 PM

Section 187 Of The Companies Act 2013

Section 187 Of The Companies Act 2013

[Investments of company, to be held in its name] (1) All investments made or held by a company in any property, security, or another asset shall be made and held by it in its name: Provided that the company may hold any shares in its subsidiary company in the name of any nominee or nominees […]

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Alka Pranjal

December 15, 2023 at 12:59 PM

Section 59 Of Companies Act 2013: Rectification Of Register Of Members

Section 59 Of Companies Act 2013: Rectification Of Register Of Members

1. If the name of any person is, without sufficient cause, entered in the register of members of a company, or after having been entered in the record, is, without adequate cause, omitted therefrom, or if a default is made, or unnecessary delay takes place in entering in the register, the fact of any person […]

Shubham Mishra

December 15, 2023 at 12:57 PM

Debentures In Company Law: Section 71 Of Companies Act 2013

Debentures In Company Law: Section 71 Of Companies Act 2013

A debenture in company law is a type of bond or other debt instrument that is unsecured by collateral. Since debentures have no collateral backing, they must rely on the creditworthiness and reputation of the issuer for support. Both corporations and governments frequently issue debentures to raise capital or funds. In layman’s term, a Debenture […]

Swagata Pramanik

December 15, 2023 at 12:51 PM

Procedure for Amalgamation of Companies (Section 237)

Procedure for Amalgamation of Companies (Section 237)

Amalgamation is a combination of two or more entities forming into a new entity. It is different from merger as neither of the entities involved survives as a legal entity but there is formation of an entirely new entity. Assets and liabilities of both the entities are combined into this one entity. For amalgamation, a […]

Arpita Maharana

December 15, 2023 at 12:49 PM

Section 53 of Companies Act 2013

Section 53 of Companies Act 2013

Section 53 of Companies Act. Prohibition on issue of shares at discount. “(1) Except as provided in section 54, a company shall not issue shares at a discount. (2) Any share issued by a company at a 1[discount] shall be void. 2[(2A) Notwithstanding anything contained in sub-sections (1) and (2), a company may issue shares at […]

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Aayush Aman

December 15, 2023 at 12:45 PM

Section 23 of Companies Act 2013

Section 23 of Companies Act 2013

Section 23 of Companies Act. Public Offer and Private Placement “Section 23 of the companies Act, 2013, Public offer and private placement.— (1) A public company may issue securities—  (a) to public through prospectus (herein referred to as “public offer”) by complying with the provisions of this Part; or  (b) through private placement by complying […]

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Suvarna Satpute

December 15, 2023 at 12:43 PM