Applicability of Secretarial Standards to private companies

From 01 July, 2015, every meetings of Board and committees thereof as well as General meetings need to comply with Secretarial Standards - notified by the Institute of Company Secretaries of India, after approval of the Central Government. It is applicable to all companies incorporated / registered in India. SS-1 on Board meetings can be … Continue reading Applicability of Secretarial Standards to private companies

Exemptions to Private companies under Companies Act, 2013 [05 June 2015]

Ministry of Corporate Affairs ('MCA') has issued four notifications, all dated 05 June 2015, and thereby granted several exemptions to Private companies, section 8 companies, government companies and nidhi companies. These notifications are issued under section 462 of the Companies Act, 2013 ('the Act;). This write-up is restricted to exemptions to private companies (notification G.S.R.464 … Continue reading Exemptions to Private companies under Companies Act, 2013 [05 June 2015]

SEBI Insider Trading Regulations 2015 and 1992 – comparison

SEBI Prohibition Insider Trading Regulations 2015 and 1992 - comparison SEBI (Prohibition of Insider Trading) Regulations, 2015 (base w.e.f. 16 May 2015) SEBI (Prohibition of Insider Trading) Regulations, 1992 (w.e.f.19th Nov. 1992 to 15th May 2015) Comments. (Unless otherwise specified, reference is to 2015 regulations) 2 (1) (b) “Board” means the Securities and Exchange Board … Continue reading SEBI Insider Trading Regulations 2015 and 1992 – comparison

Demerger whether do not require approval of High Court, in view of Section 180 of Companies Act 2013?

This otherwise is a routine case of demerger, however has posed an interesting question - Whether demerger do not require court approval in view of section 180 of the Companies Act, 2013? In Re: United Spirits Limited, 2015(2) AKR 243 In a scheme of demerger, Regional Director (Ministry of Corporate Affairs) objected that the scheme … Continue reading Demerger whether do not require approval of High Court, in view of Section 180 of Companies Act 2013?

Amalgamation – objection to change name as part of scheme

In Re: Michelin India Private Limited [MANU/TN/0817/2015] Madrad High Court In a scheme of amalgamation, it was proposed that name of the transferor company shall be deemed to be name of the transferee company. The Regional Director, Ministry of Company Affairs ('MCA'), objected to the same on the ground that as per General Circular No. … Continue reading Amalgamation – objection to change name as part of scheme

Amendment to E-voting – Rule 20 of Companies (Management and Administration) Rules, 2014

E-voting - Rule 20 of Companies (Management and Administration) Rules, 2014 Ministry of Corporate Affairs notified amendment to e-voting related provision effective from 19 March 2015. Comparison of earlier and new provision with effects thereof are stated below.   Existing provisions New provisions Comment - The provisions of this rule shall apply in respect of … Continue reading Amendment to E-voting – Rule 20 of Companies (Management and Administration) Rules, 2014

Note on amendment to the Companies (Share Capital and Debenture) Rules, 2014 made from 18 march 2015

Note on amendment to the Companies (Share Capital and Debenture) Rules, 2014 by MCA vide notification no. G.S.R. 210(E) dated 18 March 2015.   EXISTING AMENDMENT COMMENT Rule 3 of the Companies (Share Capital and Debentures)Application.- The provisions of these rules shall apply to - (a) all unlisted pubic companies: (b) all private companies: and … Continue reading Note on amendment to the Companies (Share Capital and Debenture) Rules, 2014 made from 18 march 2015

Trade Marks

The Indian Trade Marks law, viz. the Trade Marks Act 1999 provides protection for marks of goods and services collective marks certification trademarks, and well-known marks. Under Indian law it is not mandatory to register trade marks to avail the legal protection. The usage of trade marks is more important and protection of law in … Continue reading Trade Marks

COPYRIGHT ACT

The Indian Copyright Act 1957, as amended by the Copyright (Amendment) Act 1999 provides protections to the creators of literary, dramatic, musical and artistic works and producers of cinematographic films and sound recordings. Copyright is given to the creators of a wide range of material, such as literature, art, music, sound recordings, films and broadcasts, … Continue reading COPYRIGHT ACT

Section 76: Acceptance of deposits from public by certain companies.

76. (1) Notwithstanding anything contained in section 73, a public company, having such net worth or turnover as may be prescribed, may accept deposits from persons other than its members subject to compliance with the requirements provided in sub-section (2) of section 73 and subject to such rules as the Central Government may, in consultation … Continue reading Section 76: Acceptance of deposits from public by certain companies.