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Showing posts from March, 2017

DISPENSE OF SHAREHOLDER MEETING

DISPENSE OF SHAREHOLDER MEETING Short Summary: By Notification dated 7 th December, 2016 MCA has notified the sections of M&A under Companies Act, 2013 (Section 230-240). In this Flash editorial, the auditor begins by referring the provisions of section 230-240 relating to Meeting of Shareholders & Creditors and also makes an attempt to light up on provisions of dispense of Shareholder Meeting via decided case laws. The main thrust of the article, however, is upon the provisions of section 230(9) which deals with dispension of meeting of creditors and most recent case laws decided by the Benche of National Company Law Tribunal in the case of JVA Trading Pvt. Ltd. and C&S Electric Limited . Author has already shared the process relating to Compromise & Arrangement in its earlier editorial. This is article no. 211 of the series of editorials written by the author on corporate laws. Introduction: Thus far, schemes of arrangement were carried out under s

SHIFTING OF REGISTERED OFFICE FROM ONE STATE TO OTHER

SHIFTING OF REGISTERED OFFICE FROM ONE STATE TO OTHER Meaning of Registered Office: A registered office is the official address of a company to which all official letters and reminders will be sent by any person, any government or non government or regulatory body. In terms of Section 7 of the Companies Act, 2013 (the “Act”), all registered companies are legally required to have a registered office address in India from the date of commencement of business or within fifteen days from the date of incorporation whichever is earlier. However, under the incorporation process effective as on date, the proposed company is required to intimate the address of its proposed registered office t the time of incorporation itself. Usually a registered office is situated where most of the stakeholders reside. The only reason being is for their convenience. However sometimes it happens so that the registered office needs to be shifted to another place for better management of the