Amendment in Registration Offices and Fees Rules


Ministry of corporate came out with minor but significant decision in the Companies (Registration Offices and Fees) Rules, 2014 by way of the Companies (Registration Offices and Fees) 2nd Amendment Rules, 2016.

Continue reading

Appearance of authorised representative – NCLAT


In this post we will discuss Appearance of authorised representative before of National Company Law Appellate Tribunal given in Part – X of the National Company Law Appellate Tribunal Rules, 2016 which consist of rules 63 to 66.

Continue reading

Conversion of a company into limited by shares


Ministry of Corporate Affairs notified by notification G.S.R. 936(E) on 1st October 2016 the Companies (Incorporation) Fourth Amendment Rules, 2016 amending the Companies (Incorporation) Rules, 2014 with effect from date of publication in official gazette means 1st October 2016. New rule 39 is being inserted with effect from 1st November 2016.

In this blog post we will discuss new rule 39.

Continue reading

Inspection of Record – NCLAT


In this post we will discuss inspection of record of National Company Law Appellate Tribunal given in Part – IX of the National Company law Appellate Tribunal Rules, 2016 which consist of rules 57 to 62.

Continue reading

SERVICE OF PROCESS – NCLAT


In this post we will discuss service of process and appearance of respondent and objections. These provisions are given in Part – VII of National Company law Appellate Tribunal Rules, 2016 which consist of rules 48 to 54.

Continue reading

Record of proceedings


In this post, we shall discuss record of proceeding by National Company Law Appellate Tribunal under Part – V of the National Company Law Appellate Tribunal Rules, 2016.

Continue reading

A friend in competition


This was a New Year eve party of company secretaries. Our parties are not usually more about fun but about professional gathering and slightly boring for most. Most of us pretend to be serious professional not in formal professional gathering but in such deemed to be fun filled parties.

Continue reading

Form INC – 32 and its linked forms


Ministry of Corporate Affairs notified by notification G.S.R. 936(E) on 1st October 2016 the Companies (Incorporation) Fourth Amendment Rules, 2016 amending the Companies (Incorporation) Rules, 2014 with effect from date of publication in official gazette means 1st October 2016. These Rules introduced Form INC – 32 with two linked forms for incorporation of company. We discussed law related thereto in last post here and will discuss these forms in this post.

Continue reading

Amendment in Incorporation Rules


Ministry of Corporate Affairs notified by notification G.S.R. 936(E) on 1st October 2016 the Companies (Incorporation) Fourth Amendment Rules, 2016 amending the Companies (Incorporation) Rules, 2014 with effect from date of publication in official gazette means 1st October 2016. New rule 39 is being inserted with effect from 1st November 2016.

In present blog post, we will discuss amendment which are effective form 1st October 2016.

Continue reading

Amendment in Management and Administration Rules


Ministry of Corporate Affairs notified on 23rd September 2016 the Companies (Management and Administration) Amendment Rules, 2016 amending the Companies (Management and Administration) Rules, 2013 with effect from that date.

Continue reading

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.

Continue reading

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.

Continue reading

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.

Continue reading

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.

Continue reading

Institution of proceedings before NCLT


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

Continue reading

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.

Continue reading

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.

Continue reading

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.

Continue reading

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.

Continue reading