Registrar of Companies | Address and Contact details
October 9, 2019
The Ministry of Corporate Affairs (MCA) deals with the administration of companies in India. The Registrar of Companies (ROC), comes under the MCA. The ROC, of a State/Union Territories, has the primary duty of registering companies and Limited Liability Partnership (LLP) floated in their respective States/UT, as per Section 609 of the Companies Act, 1956. The purpose was to ensure […]
ROC Full form and how to comply with ROC under companies Act,2013
October 9, 2019
About ROC full form ROC full form or Registrar of Companies manages the direction and administers the working of various companies registered under the Companies Act,1956 and the Companies Act, 2013. The ROC has an obligation to ensure that the companies are properly enrolled and the records & data entered are precise and accurate. The ROC […]
Strike off of a company under companies act 2013
October 9, 2019
Overview Strike off Company under companies act 2013 means canceling the name of the company from the ROC register. The MCA (Ministry of Corporate Affairs) has revised the procedure to have the name struck off. These provisions related to strike off of companies gives an opportunity to the companies to get their names struck off from the records of […]
How to Restore a Closed Company?
October 8, 2019
Was your company removed from the register and you still need the company? Companies may be dissolved or struck off the register for many reasons. It may have been a decision by the company directors or Companies House may have removed the company for failure to file documents. We hear from many customers each who […]
Same Day Company Formation
October 8, 2019
For many years most UK companies were incorporated in 2-3 working hours. However, in recent months we have seen this increase to approximately 8 working hours. Companies House will tell you that they have never guaranteed same day formations and we have seen some recent applications take longer than a working day to complete. This delay […]
Top 7 Company Formation Myths
October 8, 2019
There are many misconceptions surrounding the formation of UK companies. Registering a UK company, whether using Companies House directly or a company formation agent, need not be an onerous task. In fact, it is quite the opposite! In many cases, a company can be up and running within a day, sometimes even just a few […]
Can a Loss Making Company be an Attractive Target? Why?
October 7, 2019
Introduction In 2018, Walmart acquired Flipkart for 16 billion dollars even though since Flipkart’s inception in 2007, Flipkart has not earned a profit of even a single penny. In fact, Flipkart losses were approximately Rs. 8,771 crores in FY17. So, the question arises why would such a proficient company like Walmart buy a loss-making unit […]
Can Foreign Companies Acquire Properties in India by way of Asset Sale?
October 7, 2019
Introduction In the modern era of cut-throat competition, it has become imperative for corporate houses to opt for one or the other mode of corporate restructuring in order to operate and expand in the market. Not only does it help in business expansion, but it also plays a major role in the diversification of risk. […]
Who Can Hear The Whistle Blow? Whistleblowing And Its Impact On Corporate Governance In India
October 7, 2019
One of the key tenets of effective corporate governance is the ability of a corporation to promote transparency. Transparency and accountability is strengthened not just by efficient management and robust disclosure policies, but also by the creation of systems and processes to detect and address internal instances of fraud and corruption. Whistleblowing has always played […]
National Company Law Tribunal: In the Scheme of Things
October 2, 2019
On December 7, 2016, the Ministry of Corporate Affairs (MCA) notified and brought into operation a significant chunk of sections under the Companies Act, 2013, including provisions relating to compromises, arrangements, reconstructions, mergers and amalgamations, with effect from December 15, 2016 (the Notification). This marks a paradigm shift in the corporate restructuring process, which is all […]
Board Evaluations a Nightmare for Independent Directors?
October 2, 2019
Next on the list of dilemmas relating to corporate governance issues for independent directors (ID) of a listed company is Board Evaluations. These are 360-degree reviews of the performance of a board of directors, conducted by the Nomination and Remuneration Committee (NRC). In a formal board evaluation process, each director reviews the other. Interestingly, based […]
NCLT Can Reject a Scheme of Arrangement if it is not in Public Interest
October 2, 2019
In the case of Wiki Kids Limited[1], the NCLAT upheld the order of the NCLT rejecting a scheme of amalgamation, as it resulted in undue advantage to the promoters of the amalgamating company. Facts Background In the instant case, a non-listed company Wiki Kids Limited (Transferor Company), wished to amalgamate with Avantel Limited, a listed company […]
Share Transfers: Can the Company Say No?
October 2, 2019
Share transfer restrictions come in various shapes and sizes and in so far as they relate to shares of public companies, their validity has been a topic of hot debate. In several cases, Indian courts have considered and opined on the legality of contractual restrictions on the transfer of shares of public companies. The position […]
Recent Amendments to the Private Placement Guidelines – Revamp or Cosmetic?
October 2, 2019
Section 42 of the Companies Act, 2013 read with Rule 14 of the Companies (Prospectus and Allotment of Securities) Rules, 2014 are substantive provisions for regulating private placements by Indian companies. These provisions are, of course, in addition to applicable regulations prescribed by the Securities and Exchange Board of India (“SEBI”) for listed companies. Recently, […]
Impact of the Companies (Amendment) Ordinance, 2018 on Registration of Charges
October 2, 2019
On November 2, 2018, the Ministry of Corporate affairs promulgated an ordinance[1] (the Ordinance) inter alia amending certain provisions of the Companies Act, 2013 (the Act). One of the amendments is for the purpose of reducing the extended timelines for filing a charge created by a company as per Section 77(1) of the Act upon payment of additional […]