Index of Companies Law Posts


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

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Amendment in Schedule V


Ministry of Corporate Affairs, on 12th September 2016 issued notification amending Schedule V of the Companies Act, 2013. Schedule V deals with managerial remuneration in cases of inadequate profit and to some extend managerial appointment in public companies.

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Cause List – NCLAT


In this post we shall discuss cause list of National Company Law Appellate Tribunal. Part – V of National Company Law Appellate Tribunal Rules, 2016 comprising rules 33 and 34 discusses about cause list.

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Presentation of Appeal – NCLAT


In this post, we will discuss matter presentation of appeal before and National Company Law Appellate Tribunal. This post is written with a view that reader may check documents just before reaching at filing counter of the Tribunal.

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Presentation of petition – NCLT


In this post, we will discuss matter presentation of petition or appeal before National Company Law Tribunal. This post is written with a view that reader may check documents just before reaching at filing counter of the Tribunal.

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Institution of proceedings before NCLT


In this post, we discuss institution of proceedings before National Company Law Tribunal and National Company Law Appellate Tribunal.

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Power and functions of Registrar etc – NCLT/NCLAT


In this post we will discuss power and functions of President, Registrar and Secretary of National Company Law Tribunal and power of Registrar of National Company Law Appellate Tribunal.

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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?