SECTION 72: POWER TO NOMINATE

SECTION 72: POWER TO NOMINATE

According to the note to the provisions of the Companies Act. 2011, “this provision relates to section 109A of the Companies Act, 1956 and aims to provide that every shareholder or debenture holder may appoint a nominee or a joint nominee who shall be the holder of the instrument in the case of the death […]

Divyanshita Singh

December 19, 2023 at 07:19 AM

Section 70 Of The Companies Act 2013

Section 70 Of The Companies Act 2013

In this article, we will discuss Circumstances or Situations under which the Buy-Back of Shares by a company is Prohibited. In other words, we will do an in-depth study about Section 70 of the Companies Act 2013. Now, let’s recall Section 67, which was Buy-Back of shares by a company; buying Back of shares is […]

Harmehak Kaur Anand

December 19, 2023 at 07:16 AM

SECTION 68: POWER OF A COMPANY TO PURCHASE ITS OWN SECURITIES

SECTION 68: POWER OF A COMPANY TO PURCHASE ITS OWN SECURITIES

This provision is stated under the Companies Act, 2013 as Section 68 deals with the buyback of its securities for that purpose there are certain powers to buy back it for the company. A corporation may buy its shares or other specified securities with funds from: There shall be no buy-back of any kind of […]

Harshit Jain

December 19, 2023 at 07:14 AM

SECTION 67: RESTRICTIONS ON PURCHASE BY COMPANY OR GIVING OF LOANS BY IT FOR PURCHASE OF ITS SHARES

SECTION 67: RESTRICTIONS ON PURCHASE BY COMPANY OR GIVING OF LOANS BY IT FOR PURCHASE OF ITS SHARES

ACQUISITION RESTRICTIONS OR LOANS FOR THE PURCHASE OF THE COMPANY’S SHARES: Purchases of or loans to others for the purpose of obtaining the company’s own shares are forbidden – A basic concept of company law is that a corporation cannot buy its own stock. This is stated forth in Section 67 of the Companies Act, […]

Jain Saloni

December 19, 2023 at 07:12 AM

Reduction Of Share Capital: Section 66 Of Companies Act 2013

Reduction Of Share Capital: Section 66 Of Companies Act 2013

Reduction of share capital means the reduction of issued, subscribed and paid-up capital of the Company. The reduction of capital is mainly done by companies for producing a more efficient capital structure. Reduction of share capital may arise in various circumstances, for example, accumulated business losses, assets of reduced or doubtful value, etc. The reduction […]

Tanish Karuia

December 19, 2023 at 06:55 AM

Section 47 Of Companies Act 2013: Voting Right

Section 47 Of Companies Act 2013: Voting Right

The right to vote on certain business matters is a significant right of shareholders. Shareholders typically have the opportunity to vote on board of director elections as well as on projected corporate changes, such as a shift in the company’s mission and goals or structural changes. The Companies Act of 2013 (the “2013 Act”) defines […]

Harmehak Kaur Anand

December 19, 2023 at 06:43 AM

Section 44 Of Companies Act 2013: Nature Of Shares And Debentures

Section 44 Of Companies Act 2013: Nature Of Shares And Debentures

What is a share? A share, according to Section 2(84) of the Act, is “a share in a company’s share capital, and includes stock unless where a distinction between stock and shares is indicated or implied.” A share, according to Halsbury’s Laws of England, is a right to a specific amount of a company’s share […]

Yashika Thakran

December 19, 2023 at 06:41 AM

Section 38 Of Companies Act 2013: Punishment For Personation For Acquisition Of Securities

Section 38 Of Companies Act 2013: Punishment For Personation For Acquisition Of Securities

For Preface: Section 38 of the Companies act establishes standards or parameters of penalties for using and allotting the shares in Fictitious Name it says – A person shall be liable to punishment under section 447 if he : These provisions shall be prominently reported in every prospectus issued by the company and in every […]

Shruti Srivastava

December 19, 2023 at 06:37 AM

Section 36 & Section 37 Of The Companies Act 2013

Section 36 & Section 37 Of The Companies Act 2013

Section 36 of the Companies Act 2013 [Punishment for fraudulently inducing persons to invest money – Indian Companies Act 2013] Section 36 of the Indian Companies Act 2013 states that any person responsible for fraudulently inducing anyone to invest money is punishable under section 447 of the Act. A provision in the Companies Act 2013 […]

Swagata Pramanik

December 19, 2023 at 06:35 AM

Section 35 – Civil Liability for Misstatement in Prospectus

Section 35 – Civil Liability for Misstatement in Prospectus

Section 35 civil liability for misstatement in prospectus where a person has subscribed for securities of a company acting on any statement Misstatement in Prospectus https://www.legalraasta.com/blog/misstatements-in-prospectus/#:~:text=Punishment%20for%20misstatement%20in%20prospectus,-If%20a%20person&text=He%20will%20also%20face%20a,at%20least%20of%20three%20years%20. Meaning of Prospectus https://www.legalraasta.com/blog/misstatements-in-prospectus/#:~:text=Punishment%20for%20misstatement%20in%20prospectus,-If%20a%20person&text=He%20will%20also%20face%20a,at%20least%20of%20three%20years%20. Types of Prospectus https://www.legalraasta.com/blog/misstatements-in-prospectus/#:~:text=Punishment%20for%20misstatement%20in%20prospectus,-If%20a%20person&text=He%20will%20also%20face%20a,at%20least%20of%20three%20years%20. Misstatements in prospectus https://www.legalraasta.com/blog/misstatements-in-prospectus/#:~:text=Punishment%20for%20misstatement%20in%20prospectus,-If%20a%20person&text=He%20will%20also%20face%20a,at%20least%20of%20three%20years%20. Liabilities for Misstatements in Prospectus https://www.legalraasta.com/blog/misstatements-in-prospectus/#:~:text=Punishment%20for%20misstatement%20in%20prospectus,-If%20a%20person&text=He%20will%20also%20face%20a,at%20least%20of%20three%20years%20. Section […]

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Shalini Koppula

December 19, 2023 at 06:15 AM