Shifting of Powers from National Company Law Tribunals to Regional Directors

The Ministry of Corporate Affairs operates through Regional Directors (RDs) who are higher echelons in company law administration overseeing the functioning of Registrar o...

TAGGING OF COMPANIES

The Ministry of Corporate Affairs (MCA) has vide Notification dated 21st February, 2019 has amended the Companies (Incorporation) Rules, 2014 by insertion of a new Rule 25A...

CONFUSING TRADEMARK- A Lesson

The basic function of a trademark is to distinguish goods or services from one source from that of the other. The concept of distinctiveness is the hallmark of a trademark....

ADJUDICATION OF PENALTIES – AVOIDABLE LIABILITY

The Companies Act, 2013 (the Act) vide Section 454 provides for adjudication mechanism for imposing penalties for non-compliance of provisions of the Act. Accordingly, the ...

LIQUIDATION PROCESS – REJIGGED

The Insolvency and Bankruptcy Code, 2016 (IBC) has brought in a paradigm shift in the corporate insolvency resolution and liquidation processes through a pro-active, time b...

BANKRUPTCY UNDER IBC

A Quick Glance on the Process

India has introduced Insolvency and Bankruptcy Cod...

“AUTHORIZED SIGNATORY” WHO CAN AUTHENTICATE DOCUMENTS / CONTRACTS / REGULATORY FILINGS ON BEHALF OF A COMPANY?

As per Section 21 of Companies Act, 2013 [CA,2013]: a document or proceeding requiring authentication by a company; or contracts made by or on behalf of a company, may be s...

VICARIOUS LIABILITY OF DIRECTORS IN CRIMINAL OFFENCES – WHEN APPLICABLE

Liability of directors for criminal offences by companies are dealt differently when compared to civil offences. Any default of compliance of provisions under the Companies...

NOMINATION CANNOT OVERRULE SUCCESSION RIGHTS

The right to nominate a person to whom securities of a company will vest upon the death of the holder of such securities is provided in the Companies Act, 2013 (the Act) un...

EMPLOYMENT OF CONTRACT LABOUR

Under the Contract Labour (Regulation and Abolition) Act, 1970 (The Act), every establishment in which 20 or more workmen are employed as contract labour, must apply to the...

COMPANIES FRESH START SCHEME, 2020

The Ministry of Corporate Affairs (MCA) vide General Circular No.12/2020 dated 30/03/2020 has introduced Companies Fresh Start Scheme, 2020 (CFSS / Scheme)...

COVID-19 and its impact on contractual obligations

COVID19 has thrown out of gear the functioning of commercial and industrial enterprises and institutions. Prolonged spells of Lockdown induced by COVID19 has brought diffic...

Electronic General Meetings During COVID Lockdown

Ministry of Corporate Affairs (MCA) vide Circular dated 08^th April, 2020, provided the framework for conducting Extraordinary General Meetings (EGM) through vide...

DISCLOSURE OF IMPACT OF COVID – 19 BY LISTED COMPANIES:

The Securities and Exchange Board of India (SEBI), vide its circular dated May 20, 2020, has mandated listed companies to disclose the impact caused by COVID -19 to their b...

Proposed Law To Regulate Public Trust in Tamilnadu

A public trust is one of the legal forms through which a property may be dedicated either to charitable purposes, educational or otherwise. The distinction between a Privat...

AN OVERVIEW OF PATENT OPPOSITION SYSTEM

A patent is an exclusive right granted to the original inventor for a novel product or a novel process that provides, a unique way of doing something, or which discloses a ...

NOTE ON COMPLIANCE WITH THE PROVISIONS PERTAINING TO CORPORATE SOCIAL RESPONSIBILITY (“CSR”) IN PURSUANCE TO COMPANIES (AMENDMENT) ACT, 2020 AND COMPANIES (CSR POLICY) AMENDMENT RULES, 2021

Applicability - Section 135 (1)

The following class of the Companies shall be required to co...

DELAYED PAYMENT TO MICRO OR SMALL ENTERPRISES AND IT’S CONSEQUENCES

1. As per the notification issued by the Ministry of Micro, Small and Medium Enterprises dated 2^nd November 2018 and by the Ministry of Corporate A...

PAYMENT OF REMUNERATION TO NON-EXECUTIVE AND INDEPENDENT DIRECTORS OF A PUBLIC COMPANY IN ABSENCE OF PROFITS OR INADEQUATE PROFITS:

1. With the notification issued by the Ministry of Corporate Affairs dated 18^th March 2021, has brought into effect the amendments to Section 149(9...

All About Section 8 Company

Companies registered under Section 8 of the Companies Act, 2013 (the Act) are special to the extent that they are specifically formed with an object to promote commerce, ar...

COVID INITIATIVES UNDER CSR

On 11^th March 2020, the World Health Organization (WHO) declared the Novel Coronavirus Disease (COVID-19) outbreak as a pandemic. Pursuant to which, Government o...

PRIMER ON APPLICABILITY OF COMPANIES ACT, 2013 ON FOREIGN COMPANY

Normally, the term Foreign Company is understood from a common man’s view to denote a company which is incorporated and or operated outside the country. However, in order t...

SMALL SHAREHOLDERS DIRECTORS UNDER THE COMPANIES ACT, 2013.

Election of directors by members in a company normally happens on the basis of maioris regula i.e., majority rule. The concept of constituency directorshi...

INFRINGEMENT OF TRADEMARKS

We are writing on this subject in view of the increasing number of cases involving unscrupulous traders using well known trademarks unmindful of legal action by way of pass...

NL-FCRA – Let us look at the recent amendments to the Rules

Foreign Contribution Regulation Act, 2010 (FCRA) regulates receipt of money or any other contribution from any foreign source other than remittances by way of payment for g...

NL-Advisory issued by NSE and BSE under Regulation 46 and 62 of SEBI (Listing Obligation and Disclosure Requirements) Regulation, 2015

SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 (Listing Regulations) contain various conditions and compliance requirements that bind listed entit...

NL-ARE YOU A DIRECTOR? KNOW YOUR DUTIES AND LIABILITIES!

This book written by Dr. K.S. Ravichandran on Duties and Liabilities of Directors is a one stop solution for all the queries that would come to your mind when you think abo...

NL – OVERSEAS DIRECT INVESTMENT BY INDIAN ENTITIES – REVISED REGULATORY FRAMEWORK

The Foreign Exchange Management (Overseas Investment) Rules, 2022 and The Foreign Exchange Management (Overseas Investment) Regulations, 2022, were issued on 22^nd

“Now there is more reason to run your business as a company under the Companies Act, 2013” – NL

Ministry of Corporate Affairs (MCA) revises the definition of “Small Company” to boost ease of doing business

Small com...

Compliances under Takeover Code – Word of Caution!

Takeover Code, known as the SEBI (Substantial Acquisition of Shares and Takeover) Regulation, 2011, acts not only as a...

Defaulting Private Companies are not entitled to avail certain Exemptions and Modifications that apply to Private Companies – NL

Business Entity Formation requires consideration of several present and future aspects and prospects. Except certain s...

Appointment, Re-Appointment, Resignation and Removal of Independent Director in Listed Entities

As the expression goes, Independent Director (ID) must have special attributes and must not be hit by any of the ineligibility norms prescribed under