Other Editorials

Process of Conversion of Private Company into One Person Company (OPC)

This brief write up an attempt has been made to unlock the technicalities related to the Conversion of a Private Company into One Person Company prescribed under the Companies Act, 2013. I believe that the procedure for Conversion of a Private Limited Company into One Person Company through this article would be of some help …

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Foreign company office

Establishment of Branch Office of Foreign Company

Legal forms in which a foreign company can set up its establishment in India? Branch Office Liaison Office Project Office Corporate Entity which could be wholly or partly owned by the foreign Company (FIPB route). Joint Venture/ Partnerships etc. For Establishment of Branch office of a Foreign Company in India. We have to follow the …

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How can I incorporate a subsidiary of a foreign company in India?

Whenever anyone incorporates a Company in India as a ‘Subsidiary” or “Wholly-owned Subsidiary (WOS)” of a Company incorporated outside India. Many questions came into notice like: What are the information/ Documents required from Foreign companies? Whether the presence of an authorized representative of a foreign Company mandatory in India at the time of signing of …

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KEY TAKE AWAY OF THE COMPANIES (AMENDMENT) ACT, 2020

Government has passed the Companies (Amendment) Act, 2020 w.e.f. 28th September, 2020 as Act No. 29 of 2020 to further amend Companies Act, 2013 on March 12, 2020. Companies (Amendment) Act, 2020 based on CLC Committee. CLC Committee submitted its report in November 2019. There are amendments in 66 Sections of Companies Act, 2013 Title …

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Financial Statements

Can the Financial Statements be signed digitally?

Short Summary: Due to CoVID 19, it becomes difficult for Companies throughout the country to hold the physical Board Meeting. Therefore, many companies are holding their Board Meeting for the approval of the financial statement through Video Conferencing. As many companies are holding Video Conferencing Board meetings and Directors are not available at the same …

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MGT 9

Whether MGT-9 required to attach with Directors Report?

Summary: Many professionals have asked one question i.e. “Whether MGT-9 is required to be preparing for F.Y. 2019-20 or not”. Old Provisions: As per CA, 2013 section 134, Companies were required to prepare MGT-9 extract of Annual Return and such MGT-9 was required to file with Directors Report. This provision has been amended by CAA, …

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How an Auditor reports a disqualification of director in An Audit Report?

Short Summary: How do you know a director is disqualified? Section 164(2) enumerate conditions for the disqualification of the director. A director can be disqualified under Section 164 of the Companies Act, 2013 for the following reasons: The Director is of unsound mind and stands so declared by a competent court. The Director is an …

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How to Remove Disqualification of Director?

Short Summary In this Flash editorial, the author begins by referring the provisions of Interim Stay on Disqualification of Director. High Court as per the latest judgments in August 2020 pronounced “Interim Stay” on the disqualification of Directors, which will help the directors to activate their DIN from the ROC. Provisions As per the Companies …

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