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Important Public Notice issued by Ministry of Corporate Affairs

This is in continuation of the Public Notice No. MCA21/28/2014-eGov dated 28th March, 2014 informing stakeholders of the availability of the new E- Forms prescribed under the Companies Act, 2013 from 14th April, 2014. After a careful review MCA has has decided that there could be a single phase roll-out instead of the earlier notified staggered roll out for convenience of all concerned. Accordingly, all E-Forms will be available for upload with effect from 28th April, 2014 instead of 14th April, 2014.

The Official Public Notice can be found here

Updated as on 16th April, 2014.

Definitions – As per Section 2 of Companies Act 2013

As we delve deeper into understanding the Companies Act 2013, it is also important to understand the definitions of some of the Company law terms. Following table describes the terms defined by the Companies Act 2013 (as notified by the Government on 01.04.2014). Section Title Definitions Clause (1) Abridged prospectus “Abridged prospectus” means a memorandum […]

Implementation of 183 sections of the Companies Act, 2013

The most awaited New Companies Act,2013 is being  rolled out /will be in effect starting from April 1′st, 2014 – according to the notification issued by Ministry of Corporate Affairs, dated 26th March, 2014. Following 183 sections or part thereof of Companies Act  2013 mentioned there-under will become applicable from April 1′st, 2014 and corresponding provisions […]

Foreign Direct Investment (FDI) in India – Reporting & Compliance

In this article I will try to give some insights on the Procedural aspects like remittance, issuance of shares and Reporting/Compliance to RBI (Reserve Bank of India), with the help of a case study. Each subscriber to the Memorandum of Association  (MoA) of the company (Private or Public), after its incorporation shall be required to deposit minimum subscription money (i.e. […]

Foreign Direct Investment (FDI) in India – Basics

After hearing enough rambling on FDI’s and its urgent need to stop Indian rupee fall, one is very curious to know about FDI (Foreign Direct Investment) and trying to understand what qualifies as FDI and what routes are available for them to invest in our country. FDI as the name suggests, it is an investment […]

Implementation of 98 sections of the Companies Act, 2013

UPDATED : MCA has issued a Fresh Notification as on 26th March,2014. New sections or part thereof, of Companies Act  2013 mentioned there-under will become applicable from April 1′st, 2014 and corresponding provisions of Companies Act, 1956 cease to have effect from that date. Click here to know the details.  According to the notification issued by MCA […]

Highlights of the Companies Bill 2012

Rajya Sabha passed the Companies Bill, 2012 on 8th August, 2013. It was earlier passed by Lok Sabha on December 18, 2012. Now it will be presented before the President for approval after which it will come into force.   The new Law will be a progressive and futuristic law which promises improved corporate governance norms, […]

Formation of Wholly Owned Subsidiary Company (Private Limited) in India

Before taking a look at the Wholly Owned Subsidiary (WOS) Formation Procedure, would like to describe some basics. What is WOS (Wholly Owned Subsidiary) ? When one company is 100 % owned by another company, it is called Wholly Owned Subsidiary of the company who has made 1oo % investment in it. e.g. ABC Pvt. […]

LLP in India – Limitations/Disadvantages

Understanding the Limited Liability Partnership (LLP) limitations / disadvantages would help the entrepreneur get the additional perspective of this structure.  The entrepreneur needs to understand these things quite in details as it may create various stumbling blocks, which  may delay  breakthrough related to Start-up growth. Here in this article we would explore some of the […]

Annual Filing for LLP (Form 8 & Form 11) due dates

This is with reference to Annual filing of LLP (Form 8 and 11) for the financial year-end 31st March, 2013 with Registrar of Companies. The Ministry of Corporate Affairs has issued general notice for filing Form-8 (Statement of Account & Solvency) for the Financial Year ended 31-03-12 last year which is as follows: Notice for filing […]

LLP for Start-ups/SME’s – Part II

Flexibility in LLP Structure and in its unique appeal has helped many entrepreneurs to leverage its inherent positiveness and make it as the first choice of their start-up structure. In the earlier article LLP for Start-up/SMEs we delved into the basics of LLP’s structure and in continuation of that , we dig deeper into various other aspects […]

LLP for Start-ups/SME’s – Part I

LLP (Limited Liability Partnership) has its own advantage when compared to the traditional partnership and the Private Limited, as it picks the best of these two structures in one solid viable package. It tackles various challenges that entrepreneur faces when using a traditional partnership structure. The main focus of any Start-up is to keep the recurring cost […]

Importance of Annual filing with RoC for a Private Limited Company

Importance of Annual Filing with RoC for a Private Limited Company **** Updated as on 17th October 2013 **** Updates :  Since I am getting lot of queries/comments asking for the calculation of Last date of AGM or Last date of filing of accounts, I would like to explain the steps/logic to come up with those […]

Things to consider / legal aspects while starting up a Business

The trend of starting up a new business in India is quite catching up, not in scale or pace that’s been seen in Silicon Valley. We see patterns wherein many want to start/build something new – working executives who have acquired enough skill sets and experience, along with a group of friends or freshers who […]

Relaxation of additional fees & extension of due date of filing by MCA

Due to technical issues arising after transition from TCS to Infosys, MCA has issued a Circular regarding relaxation of additional fees & extension of the last date in filing various forms. This move is really satisfactory for all the Stakeholders!! Circular No. 3/2013 Subject: Relaxation of additional fees and extension of last date in filing […]

How to verify if a Company is Registered with RoC / MCA / Government?

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Recently one of my clients wanted to know if a particular Company is genuine i.e. registered with MCA (Ministry of Corporate Affairs) since he heard they were involved in some kind of fraud/scam related to Network/Chain marketing &  wanted to know the details of the Directors of that Company as well. Since there is a […]

MCA21 – Updated Phone Numbers of DIN Cell Help Desk / Corporate Seva Kendra Email

MCA21 – Updated Phone Numbers of DIN Cell Help Desk / Email of Corporate Seva Kendra ***** Updated as on April 5th 2014 ***** Stakeholders are hereby informed that the new contact numbers for DIN Cell Helpdesk are : 9259720983 (3 lines) * For any query relating to Company’s Registration, e-Filing, View Public Document (VPD), please […]

Notification/major changes in DIN1 (Director Identification Number)

Major changes in DIN1 (Director Identification Number) As per Notification dated 24.12.2012 by the Ministry of Corporate Affairs. The Central Government has made amendment in the Companies (Director Identification Number) Rules, 2006 as follows:- Enter the current occupation and educational qualifications of the applicant Affidavit by the applicant to be executed on non judicial stamp paper amounting […]