Companies Act Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Liability under S. 73(2) of Companies Act, 1956, lies on the company along with the director who is ‘officer in default’ as per S. 5 of Companies Act, 1956

Securities and Exchange Board of India (SEBI): Anant Barua (Whole-time member) passed the order in exercise of his powers under Sections 11

Legislation Updates Statutes/Bills/Ordinances

[Presidential Assent] Companies (Amendment) Act, 2020: Decriminalisation of offences which lack element of fraud or involve larger public interest

The Companies (Amendment) Bill, 2020 received Presidential Assent on 28-09-2020. The Companies (Amendment) Act, 2020 Purpose: Based on the recommendations of the

Op Eds OP. ED.

Valuation of Assets under the Code: Holding the Provisions Against the Preamble of the Code

by Puru Varma†

Op Eds OP. ED.

MCA Breather for Independent Directors

*Bhumesh Verma, Managing Partner and **Paruchuri Baswanth Mohan, Research Associate, Corp Comm Legal

Cite as: (2020) PL (CL) June 91

OP. ED.Practical Lawyer Archives

Compliance Checklist for appointment of Executive Director or Whole-time Director

by Gaurav N Pingle*

Cyril Amarchand Mangaldas Experts Corner

Corporations: Legal Fiction or An Unborn Predator?

by Ankoosh Mehta*, Smruti Shah**, Neham Tayal***, Durga Agarwal†, King Dungerwal‡

Legislation Updates Notifications

MCA issues clarification with regard to creation of deposit repayment reserve and to invest deposit amount of debentures

Clarification with regard to creation of deposit repayment reserve of 20% under Section 73 (2) (C) of the Companies Act, 2013 and

Op Eds OP. ED.

Removal of a Liquidator under IBC

by Kondapalli Sai Sumed Yasaswi*

Legislation Updates Notifications

Special Measures under Companies Act, 2013 and Limited Liability Partnership Act, 2008 in view of COVID-19 outbreak

In order to support and enable Companies and Limited Liability Partnerships (LLPs) in India to focus on taking necessary measures to address

OP. ED.Practical Lawyer Archives

Compliance Checklist for Issue of Sweat Equity Shares under Companies Act

Gaurav N Pingle, Practising Company Secretary, Pune

Cite as: (2019) PL (CSP) September 76

Case Briefs High Courts

Utt HC | Labour Court is not free to widen scope of reference made to it; Reinstated workman given the status of trainee and not regular employee

Uttaranchal High Court: Sharad Kumar Sharma, J. contemplated the writ petition where the petitioner raised questions related to the order of the

OP. ED.Practical Lawyer Archives

Compliance Checklist for Issue of Share Certificates Under Companies Act, 2013

Gaurav N Pingle, Practising Company Secretary, Pune

Cite as: (2019) PL (CSP) July 67

OP. ED.Practical Lawyer Archives

Compliance Checklist for Incorporation of Companies with Charitable Objects

Gaurav N Pingle, Practising Company Secretary, Pune
Cite as: (2019) PL (CSP) May 70

Hot Off The Press News

Constitutionality of Section 327 (7) of the Companies Act, 2013 challenged; SC issues notice

Supreme Court: The bench of Ranjan Gogoi, CJ and Sanjiv Khanna, J has issued notice to the Centre in a writ petition

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | No disproportionate gain or unfair advantage made, nor any loss caused to the investors by non-disclosure, penalty reduced

Securities Appellate Tribunal, Mumbai: The Coram of Tarun Agarwala, J., (Presiding Officer), Dr C.K.G. Nair, (Member), M.T. Joshi, J., (Judicial Member) dismissed

Case Briefs Supreme Court

No stipulation of period of completion of Serious Fraud Investigations under Companies Act

Supreme Court: The bench of Abhay Manohar Sapre and UU Lalit, JJ has held that Section 212 of the Companies Act, 2013

Case Briefs Tribunals/Commissions/Regulatory Bodies

I&B Code overrides Companies Act; Insolvency Resolution Process cannot be defeated by taking resort to internal dispute: NCLAT

National Company Law Appellate Tribunal (NCLAT): A two-member bench comprising of Justice S.J. Mukhopadhaya, Chairperson and Justice Bansi Lal Bhat, Member (Judicial)