Index of Companies Law Posts


Click “continue reading” below for Index of Companies Law Posts on this blog.

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Cost auditor appointment query


According to Section 148 (3) of CA 2013 and Cost audit Rules 2014, cost auditor shall be appointed by the Board.

According to Section 148(3) of CA2013 and Audit and Auditor Rules, 2014 Remuneration shall be determined by the Members (in general meeting).

Now, according to Contract Act, 1872 (or in common law) this contract of appointment of cost auditor completes at General Meeting only that too on passing on resolution.

Query 1 – should we call it as “approval/ratification of remuneration or cost auditor” or “appointment of cost auditor” in general meeting? Unlikely but interesting situation will be where in members in general meeting does not ratify remuneration or modify the remuneration.

First case, no contract and second case counter offer. Further interesting, shall cost auditor bound to accept modified remuneration or not?

Basic Information about NCLAT


National Company Law Appellate Tribunal is new forum of quasi – judicial nature. This is functional since June 1, 2016. There is lot of talk about National Company Law Appellate Tribunal along with Company Law Appellate since last two decades. In this blog post, we will discuss basic information which one need to know.

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Notification of IBBI related Sections of IBC 2016


Recently Ministry of Corporate Affairs issued two notifications to enforce selected sections of the Insolvency and Bankruptcy Code, 2016. In this post we will briefly discuss section notified by Notification S.O. 2618(E) dated 5th August 2016 and S.O. 2746(E) dated 19th August 2016.

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Basic Information about NCLT


National Company Law Tribunal is new forum of quasi – judicial nature. This is functional since June 1, 2016. There is lot of talk about National Company Law Tribunal since last two decades. In this blog post, we will discuss basic information which one need to know.

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Amendment in Share Capital Rules


Ministry of Corporate Affairs came out with 4th amendment of the year to the Companies (Share Capital and Debentures) Rules, 2013. The Companies (Share Capital and Debentures) 4th Amendment Rules, 2016 published in Official Gazette on 12th August 2016 and came into force from that date, is available online now.

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Amendment in Incorporation Rules – conversion of unlimited company


Ministry of Corporate Affairs came out with 3rd amendment of the year to the Companies (Incorporation) Rules, 2013. The Companies (Incorporation) 3rd Amendment Rules, 2016 published in Official Gazette on 27th July 2016 and came into force from that date, is available online now. In this third blog post of 3 post series, we will discuss newly inserted rules 37 inserted by these amendment rules.

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Amendment in Incorporation Rules – Registered Office related


Ministry of Corporate Affairs came out with 3rd amendment of the year to the Companies (Incorporation) Rules, 2013. The Companies (Incorporation) 3rd Amendment Rules, 2016 published in Official Gazette on 27th July 2016 and came into force from that date, is available online now. In this second blog post of 3 post series, we will discuss these amendments in rules 28, 29, 30 and 36.

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