Category: Transaction Advisory
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RBI approval for holding assets under Black Money Act
RBI approval for holding assets under Black Money Act Reserve Bank has issued the Foreign Exchange Management (Regularization of assets held abroad by a person resident in India) Regulations, 2015 notified though Notification No. FEMA 348/2015-RB dated September 25, 2015 vide G.S.R. No. 738 (E) dated September 25, 2015. Accordingly, it is clarified that: a)…
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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…
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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…
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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…
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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…
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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.…
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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…
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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…
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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,…