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Showing posts from January, 2017

PROCESS OF INCORPORATION OF COMPANY (SPICE FORM)

Ministry of Corporate Affairs (‘MCA’) has came with new rules for Incorporation of Company under Companies Act, 2013 with simplified procedure (SPICe). An significant step is taken by Ministry of Corporate Affairs by introduce e-form INC-32 under SPICe scheme vide MCA's notification dated 01/10/2016 notifying Companies (Incorporation) Fourth Amendment Rules, 2016. SPICE means Simplified Performa for Incorporating Company Electronically .   The SPICE form was introduced with a function to prepare e-Moa & e-Aoa (Electronic MOA/ AOA) . This facility is first time providing by the Ministry in the history of India for Incorporation of Company via this attribute there is no opportunity to prepare the manual MOA & AOA and no option to physically sign the MOA & AOA by subscribers and witness Simplified Performa for incorporation of Companies Electronically (SPICE ) [1] New Rule No. 38 has been inserted by Company (Incorporation) Fourth Amendment Rules, 2016 w

MERGER & AMALGAMATION COMPANIES ACT, 2013

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MERGER & AMALGAMATION COMPANIES ACT, 2013     The Companies Act, 2013 (2013 Act) has seen the light of day and replaced the 1956 Act with some sweeping changes including those in relation to mergers and acquisitions (M&A). The new Act has been lauded by corporate organizations for its business-friendly corporate regulations, enhanced disclosure norms and providing protection to investors and minorities, among other factors, thereby making M&A smooth and efficient. Its recognition of interse shareholder rights takes the law one step forward to an investor-friendly regime. The 2013 Act seeks to simplify the overall process of acquisitions, mergers and restructuring, facilitate domestic and cross-border mergers and acquisitions, and thereby, make Indian firms relatively more attractive to PE investors. The term ‘merger’ is not defined under the Companies Act, 1956 (“CA 1956”), and under Income Tax Act, 1961 (“ITA”). However, th