Indian Companies can have only two layers of subsidiaries under the Companies Act 2013, with the government putting in place stricter norms as it continues with the clampdown on illicit fund flows. The Companies (Restriction on...Read More
Insolvency and Bankruptcy Code, 2016 (the Code) Consent of members of Corporate Debtor not required for approval of the resolution plan or for its implementation. It is clarified by the Ministry of Corporate Affairs (MCA) on...Read More
The Insolvency and Bankruptcy Code, 2016 (31 of 2016) Key words of Preamble to the Insolvency and Bankruptcy Code, 2016 (IBC):- reorganization and insolvency resolution of- corporate person, partnership firms and individuals –...Read More
Where stock exchange makes compulsory delisting of equity shares of a Company under SEBI (Delisting of Equity Shares) Regulations, 2009 AND if the fair value to be paid to public shareholders is positive (which is determined by...Read More
Real Estate (Regulation and Development) Act, 2016 came into force from May 1, 2016. Ministry of Housing & Urban Poverty Alleviation, has notified 69 of the total 92 sections of the Act. The remaining 22 Sections are yet to...Read More
An attempt is made to present an analysis of the Companies Amendment Bill, 2016. Posting analysis of definitions only. Analysis on other provisions would be posted in staggering mode. CLC = Companies Law Committee of Ministry of...Read More
What is the degree of proof required to hold brokers/sub-brokers liable for fraudulent/manipulative practice?
The Supreme Court of India, in its judgement in case of SEBI v. Kishore R. Ajmera delivered on 23 Feb. 2016, dealt with this question. Facts in brief: A broker with his sub-broker were allegedly involved in creation of...Read More
One Person Company by CS Prakash K. Pandya, assisted by Ms. Krinjal Shah In India, one can have three types of limited company viz. Public Company, Private Company and One Person Company. The concept of One Person Company (OPC)...Read More
Some of the important Court decided judgements: Negotiable Instruments Act, 1881 – S. 142(2)(a), vests jurisdiction for initiating proceedings under S. 138, inter alia, in the territorial jurisdiction of court, where...Read More
The Payment of Bonus (Amendment) Act, 2015 had received assent of the President of India on 31 December 2015. The said Amendment Act provides for changes in the eligibility limit and calculation of bonus of the employees....Read More
Gist of provisions of SEBI Act, 1992 dealing with Insider Trading. Section 12A(d) prohibits, inter alia, engaging in insider trading. Section 11(2)(g) empower SEBI to take appropriate measures to protect the interest of...Read More
What can be action by SEBI for not making public announcement, after acquiring shares from capital market?
What can be action by SEBI for not making public announcement, after acquiring shares from capital market? This is the issue many would have in mind, particularly in minds of promoters who are active in capital markets. GMR...Read More
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- Section 8: Formation of companies with charitable objects, etc.
- Section 73. Prohibition on acceptance of deposits from public.
- Section 13: Alteration of memorandum.
- Exemptions to Private companies under Companies Act, 2013 [05 June 2015]
- Section 74: Repayment of deposits, etc., accepted before commencement of this Act.