The Companies Act 2013 consolidates and amends the law relating to companies and leaves no room for any mistake. Every newly incorporated Company or a Company which has been incorporated in India need to ensure compliance with Companies Act, 2013. One who is unaware of law may not escape liability for violating the law. Thus the statutory post /annual compliance(s) of Company are as follows: ......

The Ministry of Corporate Affairs (MCA) issued a notification directing companies that use accounting software for maintaining their books of account is required to have an Audit Trail feature, creating an edit log of all transactional changes along with the date.  According to the recent notification, the new audit trail rule in accounting software will now be implemented from&nbs......

Growth-oriented and pro-development, India’s Union Budget 2022-23 seeks to lay down the foundation of the economy for the next 25 years. Despite repeated waves of the COVID-19 infection, supply-chain disruptions and inflation, the Indian economy is expected to register a growth rate of 9.27 per cent in the current financial year, implying that the overall economic activity has recovered from......

Documents required to be submitted with Form IEPF-5 Self-attested copy of Form IEPF-5 filed with IEPF Authority. If joint holders are involved, the said Form should be signed by all the joint holders. Copy of acknowledgement generated after uploading Form IEPF-5 with IEPF Authority. Original Indemnity Bond (auto generated after uploading Form IEPF-5 with IEPF Authority), with signat......

Voluntary Liquidation or Voluntary Winding up of a company in India is administered under Insolvency and Bankruptcy Code, 2016 is applicable to ‘a corporate person’. Voluntary Liquidation is the process of liquidating the company with the approval of its members. A company usually goes for a voluntary liquidation when its members decide not to continue its business operations. The......

1. Entry routes for investments in India- Foreign investment is freely permitted in almost all sectors. Foreign Direct Investments (FDI) can be made under two routes—Automatic Route and Government Route. Under the Automatic Route, the foreign investor or the Indian company does not require any approval from RBI or Government of India for the investment. Under the Government Route, prior......

Following are the Steps to be followed for Appointment: 1. DSC (Digital Signature Certificate) of appointing person to be obtained following documents required for the same: Proof of Identity: Copy of Passport, Passport issued by the country of residence. Proof of Address: a. latest Mobile Bill or b. Bank statement or c. Electricity Bill mentioning the address of residence. (If address ......

1. Fees is Rs. 5000/- 2. Visit copyright.gov.in 3. Registration of copyright (Form- X1V) 4. New User Registration 5. After login, click on to link “Click for online Copyright Registration”. 6. The online “Copyright Registration Form” is to be filled up in four steps Complete the Form XIV, and then press SAVE button to save entered details, and press......

In case a company does not have sufficient funds for the purchase of fixed assets or for payment to creditors it may offer and allot its shares to vendors/ creditors in lieu of cash. Any allotment of shares against which cash is not to be received is called 'issue of shares for consideration other than cash'. Preferential Allotment (Section 62 (1)(c)) read with Rules 13 Companies (......

If a company has taken any unsecured loan from its directors and wants to convert such unsecured loan into equity at some future period of time, then it has to ensure to enter into debt conversion agreement with such directors at the time of accepting such loan and also to pass a special resolution. Further, the Company shall get any declaration from such director/relative of a director pursuant ......

FSSAI issues the Food Safety And Standards (Labelling And Display) Regulations, 2020; FBOs to comply with new labelling and display requirements by 17.11.2021The Food Safety and Standards Authority of India (FSSAI) has in a notification dated November 18, 2020 issued the Food Safety and Standards (Labelling and Display) Regulations, 2020 (Final Regulations). The Draft Regulations in this regard we......

1. General rules of succession in the case of males. The property of a male Hindu dying intestate i.e, which died without a will, shall devolve according to the provisions of this Chapter:-- (a) firstly, upon the heirs, being the relatives specified in class I of the Schedule (b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Sche......

As a Nonresident Indian, you are always skeptical about the tax laws in India and its administration. Over the years, the laws in India have been relaxed and simplified. The administration has also improved by being friendlier towards Non residents. a) Residential Status: As per Indian Income tax Act, all individuals are categorized in three residential types: 1) Ordinary Resident (OR) 2) Resi......

S.NO. BASIS INBOUND MERGER 1. Transfer of Securities The resultant company can transfer any security including a foreign security to a person resident outside India in accordance with the provisions of FEMA (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2017 However, where the foreign company is a JV/ WOS of an Indian company, such foreign company ......

The NRIs and foreign nationals can register a private limited company, public limited company or Limited Liability Partnership (LLP) in India. The private or public limited company allows FDI into India under the automatic route in most sectors. The LLP allows FDI under the automatic route only in those sectors or activities that allow 100% FDI through the automatic route. As per FEMA guidelines,......

ADVANTAGES OF OPC Legal status  The OPC receives a separate legal entity status from the member. The separate legal entity of the OPC gives protection to the single individual who has incorporated it. The liability of the member is limited to his/her shares, and he/she is not personally liable for the loss of the company.  Thus, the creditors can sue the OPC and not the member or direc......

Legal Entities/Corporations: For Legal entities the test applied for its residency is place of its Incorporation or Place of effective management. Legal entities are resident of that state in which it has its incorporation. Place of incorporation is certain and preferable test as place of incorporation does not change from time to time and provides simplicity in determination of residency. Plac......

FOREIGN INVESTMENT IN INDIA 1. Entry routes for investments in India- Foreign investment is freely permitted in almost all sectors. Foreign Direct Investments (FDI) can be made under two routes—Automatic Route and Government Route. Under the Automatic Route, the foreign investor or the Indian company does not require any approval from RBI or Government of India for the investment. Under the......

CHECKLIST FOR APPOINTMENT OF FOREIGN DIRECTOR Following are the Steps to be followed for Appointment: 1. DSC (Digital Signature Certificate) of appointing person to be obtained following documents required for the same: Proof of Identity: Copy of Passport, Passport issued by the country of residence. Proof of Address: a. latest Mobile Bill or b. Bank statement or c. Electricity Bill me......

Section 80-IAC: Tax Incentives for Startups To initiate the development of startups in India and provide a competitive platform for businesses which are newly established to thrive amidst the aggressive business atmosphere, the Government of India has introduced Section 80-IAC in the Income Tax Act. Section 80-IAC mentions that an eligible startup shall be allowed a deduction of an amou......