Author: Adv. Sushil Antal

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Physical verification of the registered office of the company under Section 12(9) of the Companies Act 2013

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The Ministry of Corporate Affairs (‘MCA’) vide its Notification dated 18th August, 2022, has amended Companies (Incorporation) Rules, 2014 by notifying Companies (Incorporation) Third Amendment Rules, 2022. However, Companies (Incorporation) Third Amendment Rules, 2022 shall come into force from the date of their publication in the Official Gazette. By the aforesaid amendment, a new Rule […]

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New definition of Small Company is applicable from Financial Year 2021-22 onwards

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In exercise of the powers conferred by sub-sections (1) and (2) of Section 469 of the Companies Act, 2013 (“CA, 2013”), the Central Government, vide Notification GSR 92(E) dated 01st February, 2021 has amended the Companies (Specification of Definitions Details) Rules, 2014 which shall come into force on the 1st day of April, 2021. The […]

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Mandatory pre-deposit for filing appeal under GST Law

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The necessary provisions regarding filing an appeal to Appellate Authority has been provided under CHAPTER XVIII- APPEALS AND REVISION [SECTION 107 TO 121] of the Central Goods and Services Tax Act, 2017 (‘CGST Act, 2017’) supplemented with CHAPTER XIII- APPEALS AND REVISION [RULE 108 TO 116]. Pursuant to the provisions of Section 107(1) of the […]

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Mandatory filing of MGT-14 for Board Resolution in case of Private Placement despite of Exemption to Private Companies

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As per Rule 14(8) of Companies (Prospectus of Securities) Rules, 2014, “a company shall issue private placement offer cum application letter only after the relevant special resolution or Board Resolution has been filed in the Registry.” “Provided that Private Companies shall file with the Registry copy of Board resolution or special resolution with respect to […]

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Restriction on utilisation of subscription money under Private Placement

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Section 42 of the Companies Act, 2013 (‘CA 2013’) relating to private placement norms for issue of securities, was substituted by the Companies (Amendment) Act, 2017 w.e.f. 07.08.2018. Simultaneously, Companies (Prospectus and Allotment of Securities) Rules, 2014 was amended by the Companies (Prospectus and Allotment of Securities) Second Amendment Rules, 2018 w.e.f. 07.08.2018. The amendments […]

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DPT-3 For the financial year 2020-21 can be filed upto 31 August, 2021

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DPT–3 form is the statement return which is required to be filed by every company other than a Government Company and a class of company specify, which has accepted deposits under section 73 of the Companies Act, 2013 (‘Act’) and rules made thereunder. Generally, every amount accepted from public (including members) is treated as public […]

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Relaxation of time for filing forms related to creation or modification of charges under the Companies Act, 2013

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Further relaxation of time for filing forms related to creation or modification of charges under the Companies Act, 2013 during Financial Year 2021-22 The Ministry of Corporate Affairs (‘MCA’) vide General Circular No. 12/2021 dated 30.06.2021 has further extended the time given under earlier General Circular No. 07/2021 dated 03.05.2021. By General Circular No. 11/20121 […]

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Comparison between Right Issue and Preferential Allotment under Companies Act, 2013

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Comparison between Issue of shares on Right Basis (Right Issue) and Issue of shares on Preferential Basis (Preferential Allotment through Preferential Offer) under Companies Act, 2013. Issue of share on Rights Basis and issue of shares on Preferential Basis are covered under Section 62 of the Companies Act, 2013 and Companies (Share Capital and Debentures) […]

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No need to file ADT-1 in case of appointment of first auditor of the company

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E-Form ADT-1 is required to be filed pursuant to Section 139 and 140 of the Companies Act, 2013 (‘CA, 2013’) and pursuant to Rule 4(2) of the Companies (Audit and Auditors) Rules, 2014. It is notable that the first Auditor shall be appointed in the company by Board of Director under Section 139(6) or 139(7) […]

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ECB end-use restrictions for all eligible borrowers

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With the objective of promoting ease of doing business in India, the Reserve Bank of India (“RBI”) has simplified and liberalised the erstwhile framework on external commercial borrowings/foreign currency denominated loans and the rupee denominated loans by notifying the Foreign Exchange Management (Borrowing and Lending) Regulations, 2018 (“ECB Regulations”) issued vide Notification No. FEMA 3 […]

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