Articles on "Companies Act 2013"


Company Law Settlement Scheme, 2014 (CLSS 2014)

Date posted: Saturday 18 October 2014
Laws:

The new government at the Centre promised to say good-bye to retrospective changes in the law, particularly when such changes are adverse to the interest of the subjects. The new penal provisions under the Companies Act, 2013, which have become effective from 1st April, 2014, have not only substantially increased the penal consequences for delay in filing certain forms but has made them effective even for delays caused for the period prior to 1st April, 2014.

However, upon industry representations the government has offered one time settlement scheme offering an opportunity to all the exiting companies to come forward to file all the pending forms without attracting the rigorous penal provisions under the new Act.


Related Party Transactions

Date posted: Saturday 4 October 2014
Laws:,

Lately, abusive Related Party Transactions have become a common term used to signify the tactics adopted by majority shareholders, who in turn are related to the company, to divert the funds of the company. Thus, what rightfully should be used for enhancing the wealth of the shareholders gets diverted to benefit a handful of shareholders controlling majority of the decisions of the company. With the new Companies Act, 2013 and its Rules as well as the new Clause 49 of the Listing Agreement in force, an effort has been made to curb the abuse of Related Party Transaction for personal gain of majority shareholders. There has been a major change in the definition as well as compliances for Related Party Transactions. This article is your guide through the entire concept, compliances, disclosures and changes in the provisions of Related Party Transactions in the Companies Act, 2013 and Clause 49 of the SEBI (Securities and Exchange Board of India) Listing Agreement.


Corporate Social Responsibility (CSR)

Date posted: Saturday 27 September 2014
Laws:

With the introduction of Companies Act, 2013, Corporate Social Responsibility (CSR), which was till then a voluntary activity has been made obligatory for certain companies. These obligations mainly come in the form of mandatory amounts companies must contribute to remediating social problems. In a country such as India, where a large proportion of the population has low income and lacks access to proper sanitation as well as education, the introduction of CSR comes as a positive step towards ensuring that business contributes to equitable and sustainable economic development.
This article is a complete guide of all the provisions of CSR in the Companies Act, 2013.


Independent Directors

Date posted: Saturday 20 September 2014
Laws:,

The Companies Act, 2013 as well as the new Clause 49 of the Listing Agreement (applicable from 1st October, 2014) have brought about immense additions in the concept, requirements, roles, duties and liabilities of Independent Directors. In the wake of recent corporate scams that India has witnessed and the subsequent increase in the number of resignations by Independent Directors from the boards of companies, the revamp of the existing corporate regime’s concept of independent Director is a welcome change. This article is a 360⁰ guide on all provisions relating to Independent Directors under the Companies Act, 2013 and Clause 49 of the Listing Agreement.