Conversion of public company into private company or private company into public company
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Category Archives: Governance and Responsibility
INC – 27
INC – 24
Application for approval of Central Government for change of name
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INC – 23
Application to Regional Director for approval to shift the Registered Office from one state to another state or from jurisdiction of one Registrar to another Registrar within the same State
INC – 20
Intimation to Registrar of revocation/surrender of license issued under section 8
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INC – 18
Application to Regional director for conversion of section 8 company into company of any other kind
Form for Director Identification Number
Posted in Chapter XI - CA2013, Companies Act 2013, Governance and Responsibility
Tagged ¬Companies (Appointment and Qualification of Directors) Rules 2014, Companies (Incorporation) Rules 2014, Companies Act 2013, Corporate Law, DIN, Director Identification Number, India, Ministry of corporate affairs
Allotment of Director Identification Number
Every individual intending to be appointed as director of a company shall make an application for allotment for Director Identification Number (DIN) to the Central government. [Section 153]
Rule 9 of the Companies (Allotment and Qualification of Directors) Rules 2014 laid down the manner for the Application of Director Identification Number.
Posted in Chapter XI - CA2013, Companies Act 2013, Governance and Responsibility
Tagged ¬Companies (Appointment and Qualification of Directors) Rules 2014, Companies (Incorporation) Rules 2014, Companies Act 2013, Corporate Law, DIN, Director Identification Number, India, Ministry of corporate affairs
SMALL SHAREHOLDERS DIRECTORS
A listed company may have one director elected by such small shareholders in such manner and with such terms and conditions as may be prescribed. [Section 151]
“Small shareholders” means a shareholder holding shares of nominal value of not more than twenty thousand rupees or such other sum as may be prescribed.
Rule 7 of the companies (Appointment and Qualification of Directors) Rules 2014
Posted in Chapter XI - CA2013, Companies Act 2013, CorpGov, Governance and Responsibility
Tagged ¬Companies (Appointment and Qualification of Directors) Rules 2014, Companies (Incorporation) Rules 2014, Companies Act 2013, Corporate Law, India, Ministry of corporate affairs, Small shareholders’ Director
INDEPENDENT DIRECTOR
According to Section 149 of the Act, every listed company shall have at least one-third of total number of directors as Independent directors. The central government may prescribe minimum number of independent directors in other class or classes of public companies. The Act deals with provisions related to independent directors in details as discussed earlier here.
According to Rule 4 companies (Appointment and Qualification of Directors) Rules 2014, the following class or classes of companies shall have at least two directors as independent directors –
WOMAN DIRECTOR
The Companies Act 2013 has gone miles towards its social justice objectives. This includes woman director, independent director and small shareholders directors. We have all these provisions in the Act earlier here. The companies (Appointment and Qualification of Directors) Rules 2014 further elaborate these provisions.
Women Director:
Rule 3 of the companies (Appointment and Qualification of Directors) Rules 2014 elaborate the provision of second proviso of sub – section (1) of Section 149 of the Act. The following class of companies shall appoint at least one woman director –
Powerless Circulars
In an interesting read Pratik Datta point out working of MCA under the Companies Act 2013. Please read:
Within the Central Government, the administration of the Companies Act, 1956, had been entrusted with the MCA through the Government of India (Allocation of Business) Rules, 1961. Interestingly, these Rules have not yet been updated to include administration of Companies Act, 2013 under the purview of MCA.
DISQUALIFICATION OF DIRECTORS
Section 164 of the Companies Act 2013, as discussed earlier here; deal with Disqualification for appointment of directors. Sub – section (1) of Section 164 list disqualifications of directors for appointment as a director of a company. The Appointment shall include reappointment but not continuation to be in office. Disqualification in this sub – section is general in nature and shall apply for an appointment and reappointment of such director in a company.
Sub – section (2) of Section 164 adds two disqualifications which are applicable to reappointment of director in same company and appointment in any other company for a period of five years from the date on which the said company defaulted and disqualification arises.
Posted in Chapter XI - CA2013, Companies Act 2013, CorpGov, Governance and Responsibility
Tagged ¬Companies (Appointment and Qualification of Directors) Rules 2014, Companies (Incorporation) Rules 2014, Companies Act 2013, Corporate Law, Disqualification of Directors, India, Ministry of corporate affairs
AishMGhrana 