COMPANIES FRESH START SCHEME 2020


There is a long pending demand to grant immunity from the heavy late filing fee on late filing of fee particularly on the filing of Annual Accounts and Annual Returns to be filed by the companies. Presently the late filing fee is Rs 100 per day each form under annual filing which result in huge amount in case of even 30 days delay. There are several questions customarily not to ask from companies like what was the problem if filing AGM was held on time. However, there are some genuine problems for promoters, particularly for small companies. This scheme helps these non- compliant companies. The present scheme includes many other pending forms also. We will discuss.

Continue reading

Promoters in doubt to file settlement proposal during Liquidation Process


Guest Post: Adv. Nitin Kumar Kaushik (Insolvency Professional) advnitinkaushik@gmail.com Mob: 70422-58781

Issue: whether the withdrawal of application filed by the Applicant under section 7, 9 and 10 of IB Code can be permitted by the NCLT post liquidation order passed under section 33 of IB Code. OR, can promoter be entitled to propose a scheme of the arrangement after passing Liquidation Order under Section 33 of IB Code?

Earlier, as per Rule 8 of Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 (“CIRP Rules”), the National Company Law Tribunal may permit withdrawal of Section 7, 9 and 10 of Insolvency and Bankruptcy Code, 2016 (“IB Code”), on a request by the applicant before its admission. However, at that time, there was no provision in the IB Code to permit withdrawal of the CIRP process after the admission of CIRP.

Continue reading

CORONA AMENDMENTS UNDER THE COMPANIES ACT, 2013


We firstly ignore negative news going to effects us. Secondly, we undermine the impact. Third, we start fighting. Humanity since 2017 knew and ignored about 73 corona viruses waiting to affect humanity. It is changing our life and law. I wrote a post on initial restrictions going to impact corporate compliances on 13th March 2020 which I considered now outdated. Here are measures the Ministry of Corporate Affairs announced:

Continue reading

Company Affirmation of Readiness towards COVID-19


Companies Affirmation of Readiness towards COVID-19 Form is a simple web form. It can be filed from anywhere. There is no requirement of DSC and does not involve payment of any fee.

The purpose is to make companies and partnerships aware of unprecedented time and to ensure their better contribution to fighting this virus.

Continue reading

MY EXPERIENCE OF WORK FROM HOME


Work form Home is buzzword world over this month and Second half of March 2020 in India. We all are preparing for this to the extent possible. I am sharing my eight years of experience of work from home, hereunder:

I opted “work from home” in June 2012 and officially working from Home and later Home Office since 5th July 2012 the day I got my Certificate of Practice. Though, this was actually not my first experience nor something new for Indian. Indian Professionals, particularly Doctors, Vaidya, Haqims, Advocates, Vakils, Pleaders, Letter writers, deed writers, Landlords and even big traders has a history of work from home or have home offices. Though we please those were the days, noting changes except in favour of home office. Technology is the biggest enabler for work from home and lack of self-discipline is a hurdle. Let us start work from home.

Continue reading

Aside

I m participating in #JanataCurfew on Sunday 22 March 2020
Are you?
I will observe it on Saturday 21 March 2020 also.

CORONA RESTRICTION EFFECTING COMPLIANCE


Corona Virus is spreading eliminating mighty economies. It created unprecedented Socio-economical legal issues all over the world. India announced Visa Restrictions vide No.1/Comm/BoI/2020-81 dated 11th March 2020. On a simple reading, this looks draconian but essential. Just thereafter, stock exchange dropped an unprecedented manner. Board meetings cancelled even for companies with a foreigner in the board of Directors. Corporate India needs business plans and legislative support.

Continue reading