Yearly Archives: 2014

REGISTRATION OFFICES AND FEES


This chapter deals with Registration offices established by the Government and fees to be charged for registration purpose.

Continue reading

GOVERNMENT COMPANIES


GOVERNMENT COMPANIES (Companies Act, 2013)

As per definition given in the Act “Government company” means any company in which not less than fifty – one per cent of the paid-up share capital is held by the Central Government, or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments, and includes a company which is a subsidiary company of such a Government company.

Continue reading

POWER AND FUNCTION OF NATIONAL COMPANY LAW TRIBUNAL


 In last we discussed constitution of National Company Law Tribunal and Appellate tribunal. Now, it comes to power and function of the Tribunal.

Continue reading

CONSTITUTION OF NATIONAL COMPANY LAW TRIBUNAL


I am not going to discuss much debated thing, whether National Company Law Tribunal ever be constituted. I am going to discuss provisions in this Act; whether they are applicable or going to be applicable or not.

Continue reading

FOREIGN COMPANIES: CAPITAL AND OTHER MATTERS


In our last blog post, we discussed general provisions related to foreign companies. We will discuss provisions which are related to prospectus and penalties.

PROSPECTUS OF FOREIGN COMPANY (SECTION 387):

This provision is applicable to foreign companies, and there is no difference whether the company has or has not established or when formed will or will not establish a place of business in India.  No person shall issue, circulate or distribute in India any prospectus offering to subscribe for securities of a company incorporated or to be incorporated outside India unless the prospectus is dated and signed.

Continue reading

GENERAL PROVISIONS RELATED TO FOREIGN COMPANIES


Foreign company is a company or body corporate incorporated outside India which –

(a)  has a place of business in India whether by itself or through an agent, physically or through electronic mode; and

(b) conduct any business activity in India in any other manner.

Continue reading

REMOVAL OF NAME OF COMPANIES


Life always started to die. The company can be created and wind up. Sometimes, Idea of a company conceives, but fail to take life.

[Law state in this post came into effect from 26 Dec 2016 after a few amendments.]

POWER OF REGISTRAR TO REMOVE NAME (SECTION 248):

Intimation for Removal of Name by the Registrar:

The Registrar may send a notice to the company and all its director of his intention to remove the name of the company from the register of companies when the Registrar has reasonable cause to believe –

Continue reading