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Every company incorporated in India must prepare and file a Memorandum of Association (MOA) with the ROC before it can legally begin operations. An MOA is the primary legal document filed during company incorporation that defines a name, registered office, objectives, capital, and subscribers under the Companies Act, 2013. Sections 4 and 13 of the […]
In India, companies make key decisions through formal approvals called resolutions. Companies use various types of resolution depending on the matter or decision at hand. According to the Companies Act, 2013, a resolution is a formal decision made by the shareholders or directors, either in a meeting or by circulation. The Companies Act, 2013, governs […]
Most businesses in India comply with the rules set under the Companies Act, 2013, which ensure smooth and fair operations. However, company directors or majority shareholders misuse their power, leading to unfair treatment of minority shareholders or poor management. In such cases, the law covers oppression and mismanagement to protect people from such situations. In […]
Many businesses in India benefit from limited liability and a separate legal identity when they register under the Companies Act, 2013. However, this protection can sometimes be misused to commit fraud, evade taxes, or avoid legal obligations. In such situations, the law applies the concept of lifting of the corporate veil in India to hold […]
Learn how to become the director of a company in India with details on eligibility, director requirements, qualifications, and appointment rules for compliance.
The Articles of Association (AOA) is the legal document under Section 5(1) of the Companies Act 2013 that governs an organization’s internal affairs. AOA in Company Law decides how the organization will be governed, naming the rights and responsibilities of the directors and shareholders, share transfers, voting rights, dividend distribution, and other operational matters. The […]
A common seal of a company is a metal stamp used to authenticate documents and show formal Board approval for transactions. The Companies (Amendment) Act, 2015, made it optional and introduced alternative methods for executing documents. Companies can use authorized signatories or electronic signatures to execute documents. Even so, some companies still use the common […]
The Companies (Auditor’s Report) Order, 2020, commonly called CARO 2020, sets additional reporting requirements for auditors of specified companies in India. The Ministry of Corporate Affairs issued CARO 2020 under Section 143(11) of the Companies Act, 2013. CARO 2020 requires auditors to report on specific financial and operational matters beyond the main audit opinion. These […]
Understand the annual return filing requirements for deposits and specified transactions under Form DPT-3.
An indemnity bond is a legal document that contains a formal agreement that one party signs, stating that he/she will be held responsible for a specified loss, expense, or damage. It is commonly used in business, employment, property, banking, government, and regulatory transactions to protect a party against potential financial or legal loss. It is […]