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Companies Bill, 2012
Companies Bill, 2012Mamta Binani
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The document summarizes some of the key proposed changes between the existing Companies Act of 1956 and the proposed new Companies Bill of 2012 in India. Some of the major changes include:
- Introducing more stringent reporting requirements for private and unlisted companies.
- Requiring all companies to have Key Managerial Personnel such as a Managing Director, Company Secretary, and CFO.
- Expanding the roles and responsibilities of the Company Secretary position.
- Simplifying processes for mergers, amalgamations, and compromises while also introducing new concepts like minority squeeze outs.
- Strengthening accounting practices and directors' reporting responsibilities.
- Mandating corporate social responsibility requirements for larger companiesCorporate Governance & Independent Directors
Corporate Governance & Independent DirectorsMamta Binani
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This document summarizes key aspects of corporate governance in India based on a presentation by Mamta Binani. Some key points:
- Poor governance at the top of a company can negatively impact the entire organization, as illustrated by the ancient Indian proverb about a fish rotting from the head down.
- The Satyam fraud case highlighted issues like lack of oversight from institutional investors and directors' potential liability in fraud cases.
- The new Companies Act aims to strengthen governance through measures like a minimum of 33% independent directors on boards, stricter auditing requirements, and provisions for class action suits. However, concerns remain around incentives for independent directors.
- Studies on the value of independent directors haveComparative analysis 98 sections of cos act 2013
Comparative analysis 98 sections of cos act 2013Mamta Binani
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The document provides a detailed analysis of the Companies Act, 2013, highlighting its sections, commencement dates, and subsequent clarifications regarding its implementation. It outlines the transition from the Companies Act, 1956 to the new Act, including notable changes and the introduction of additional definitions and provisions. The circulars from the Ministry of Corporate Affairs clarify the effective sections and their implications on existing regulations, reinforcing the phased enactment of the new legislation.Law on Sexual Harassment Against Women-Prevention, Prohibition & Redressal
Law on Sexual Harassment Against Women-Prevention, Prohibition & RedressalMamta Binani
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The document discusses India's Prevention of Sexual Harassment of Women at Workplace Act of 2013. It establishes the key definitions, requirements for establishing internal complaints committees, procedures for filing complaints of sexual harassment, investigation processes, potential disciplinary actions, and protections against false complaints. The law aims to protect women's fundamental rights and provide avenues for redressal of harassment complaints.How to Register One Person Company in India
How to Register One Person Company in IndiaStartupwala
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One Person Company (OPC) in India allows a single individual to own a corporate entity, similar to a sole proprietorship. The process of registering an OPC includes steps such as preliminary documentation, name application, incorporation, and post-incorporation requirements. Eligibility criteria require that only Indian citizens can be shareholders and that there must be at least one shareholder and one director.Chapter XI Board and Board Provisions (Cos Act 2013)
Chapter XI Board and Board Provisions (Cos Act 2013)Mamta Binani
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Mamta Binani presented on key changes to director requirements and qualifications under the Companies Act 2013. Some important provisions discussed include:
- Minimum number of directors for private and public companies being 2 and 3 respectively.
- Limit of maximum directors increased from 12 to 15.
- Requirement for at least one woman director in certain classes of companies.
- Requirement for one-third of directors to be independent in certain public companies.
- Restrictions on number of directorships an individual can hold.
- Increased qualifications, duties and disqualifications for directors.
- Requirements regarding appointment, resignation and removal of directors.Corporate Social Responsibility
Corporate Social ResponsibilityMamta Binani
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The document discusses the key aspects of corporate social responsibility (CSR) as outlined in the Companies Act 2013 in India, including:
1) CSR applicability to companies meeting certain criteria, the formation of a CSR committee, and developing a CSR policy.
2) Companies must spend at least 2% of their average net profits of the last 3 years on CSR activities listed under Schedule VII of the Act.
3) Detailed reporting on CSR policies, expenditures, and activities is required in company board reports and on their websites.7 Reasons to Register One Person Company in India
7 Reasons to Register One Person Company in IndiaStartupwala
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A One Person Company (OPC) in India allows a single individual to own a corporate entity, offering benefits such as limited liability, legal recognition, and complete control. It facilitates faster decision-making, easier access to funding, and favorable terms with financial institutions. Additionally, OPCs provide tax flexibility and require minimal compliance, making them an attractive option for startups.One Person Company Registration in India - Complete Guide
One Person Company Registration in India - Complete GuideStartupwala
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One Person Company (OPC) registration in India allows a single individual to own a corporate entity, transforming potential for entrepreneurs. The process includes steps such as preliminary documentation, name application, incorporation, and post-incorporation requirements, with specific eligibility criteria and minimum requirements outlined. This guide serves as a comprehensive resource for understanding OPC formation and registration in India.Steps to Register One Person Company in India
Steps to Register One Person Company in IndiaStartupwala
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The document outlines the steps to register a One Person Company (OPC) in India, describing OPC as a private limited company with single ownership, allowing individuals to own a corporate entity. It details the registration process, including preliminary steps, name application, incorporation, and post-incorporation requirements, emphasizing eligibility criteria and minimum requirements for incorporation. Key points include the necessity of a minimum paid-up capital of INR 1 lakh and the requirement for the director and shareholder to be the same person.Magne website
Magne websiteMamta Binani
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MAGNE Consulting is headquartered in Kolkata and provides business transformation and process excellence advisory services to small and medium retail businesses. It helps clients align their people, processes, and technology using the IDAIM model to improve agility. Services include workshops, website design, digital marketing, creating standard operating procedures, audits, customer programs, and IT project management. MAGNE has successfully implemented transformations for various clients.Companies Act 2013 (Provisions Effective 12th Sep, 2013)
Companies Act 2013 (Provisions Effective 12th Sep, 2013)Mamta Binani
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The Companies Act, 2013 commenced the enforcement of 98 sections on September 12, 2013, with plans to implement additional provisions in phases as preparatory actions are completed. The notification, signed by the Joint Secretary to the Government of India, outlines the specifics of sections now in force, including new definitions, modifications to existing provisions, and regulatory updates. A detailed listing of the new and modified sections compared to the Companies Act of 1956 is provided, evidencing a comprehensive reform in corporate governance.Conversion of partnership firm in to limited company
Conversion of partnership firm in to limited companyAmit Soni
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The document outlines the necessary documentation and steps to convert a partnership firm into a limited company, including details such as member particulars, consent from members, and no objection certificates from creditors. It specifies a step-by-step process starting from name application to filing necessary forms. A notice for the application must also be published, allowing for public objections within twenty-one days.Chapter II of Companies Act, 2013
Chapter II of Companies Act, 2013Mamta Binani
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The document provides information on key aspects of the Companies Act, 2013 and draft rules relating to types of companies, private companies, public companies, one person companies, and requirements for company names and memorandums. Some of the key points summarized:
- It introduces the concept of a One Person Company for the first time, with requirements that it must have one natural person as a member who is an Indian citizen.
- Private companies must restrict share transfers and limit members to 50, while public companies must have a minimum paid-up capital of Rs. 5 lakhs and no restriction on members.
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Chapter VI (Registration of Charges), The Companies Act, 2013Mamta Binani
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This document provides an overview of Chapter VI of the Companies Act, 2013 regarding the registration of charges in India. Key points include:
1. Companies must register charges on their assets with the Registrar of Companies within 30 days of creation, along with supporting documents. Failure to do so could result in fines.
2. Both companies and charge holders can register charges. Satisfaction of charges must also be registered within 30 days.
3. The Registrar issues certificates of registration and maintains a register of charges open for public inspection.
4. Appointment and cessation of receivers must also be notified to the Registrar. Companies must maintain their own register of charges.
5Forms under Companies Act, 2013
Forms under Companies Act, 2013Proglobalcorp India
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This document lists various forms prescribed under the Companies Act, 2013 in India. It outlines the forms required for incorporation of companies, registration of charges, annual filings, appointment and resignation of directors and auditors, related party transactions, and other company law compliances. It also provides contact information for assistance in filing any of these forms. In total, it references over 50 forms across various chapters of the Companies Act that must be filed with the Registrar of Companies for compliance purposes.Companies Act 2013 vs Companies Act 1956
Companies Act 2013 vs Companies Act 1956Corporate Professionals
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This document provides an overview of key changes between the Companies Act, 1956 and the new Companies Act, 2013. It compares provisions around incorporation, share capital, deposits, charges, management and meetings. Some key changes include stricter due diligence for company incorporation, requirements for independent directors and key managerial personnel, limits on auditor appointments, provisions around related party transactions, and faster processes for mergers and restructuring. The new law aims to improve corporate governance and bring more accountability in company operations.Stepwise procedures under companies act 2013
Stepwise procedures under companies act 2013acsashishjain
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The document outlines various stepwise procedures related to company operations under the Companies Act of 2013, including conversion, incorporation, share issuance, and director appointments. It provides detailed instructions for numerous processes such as shifting registered offices, altering object clauses, and creating charges. Overall, it serves as a comprehensive guide for compliance and operational efficiency in corporate governance.More Related Content
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How to Register One Person Company in India
How to Register One Person Company in IndiaStartupwala
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One Person Company (OPC) in India allows a single individual to own a corporate entity, similar to a sole proprietorship. The process of registering an OPC includes steps such as preliminary documentation, name application, incorporation, and post-incorporation requirements. Eligibility criteria require that only Indian citizens can be shareholders and that there must be at least one shareholder and one director.Chapter XI Board and Board Provisions (Cos Act 2013)
Chapter XI Board and Board Provisions (Cos Act 2013)Mamta Binani
油
Mamta Binani presented on key changes to director requirements and qualifications under the Companies Act 2013. Some important provisions discussed include:
- Minimum number of directors for private and public companies being 2 and 3 respectively.
- Limit of maximum directors increased from 12 to 15.
- Requirement for at least one woman director in certain classes of companies.
- Requirement for one-third of directors to be independent in certain public companies.
- Restrictions on number of directorships an individual can hold.
- Increased qualifications, duties and disqualifications for directors.
- Requirements regarding appointment, resignation and removal of directors.Corporate Social Responsibility
Corporate Social ResponsibilityMamta Binani
油
The document discusses the key aspects of corporate social responsibility (CSR) as outlined in the Companies Act 2013 in India, including:
1) CSR applicability to companies meeting certain criteria, the formation of a CSR committee, and developing a CSR policy.
2) Companies must spend at least 2% of their average net profits of the last 3 years on CSR activities listed under Schedule VII of the Act.
3) Detailed reporting on CSR policies, expenditures, and activities is required in company board reports and on their websites.7 Reasons to Register One Person Company in India
7 Reasons to Register One Person Company in IndiaStartupwala
油
A One Person Company (OPC) in India allows a single individual to own a corporate entity, offering benefits such as limited liability, legal recognition, and complete control. It facilitates faster decision-making, easier access to funding, and favorable terms with financial institutions. Additionally, OPCs provide tax flexibility and require minimal compliance, making them an attractive option for startups.One Person Company Registration in India - Complete Guide
One Person Company Registration in India - Complete GuideStartupwala
油
One Person Company (OPC) registration in India allows a single individual to own a corporate entity, transforming potential for entrepreneurs. The process includes steps such as preliminary documentation, name application, incorporation, and post-incorporation requirements, with specific eligibility criteria and minimum requirements outlined. This guide serves as a comprehensive resource for understanding OPC formation and registration in India.Steps to Register One Person Company in India
Steps to Register One Person Company in IndiaStartupwala
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The document outlines the steps to register a One Person Company (OPC) in India, describing OPC as a private limited company with single ownership, allowing individuals to own a corporate entity. It details the registration process, including preliminary steps, name application, incorporation, and post-incorporation requirements, emphasizing eligibility criteria and minimum requirements for incorporation. Key points include the necessity of a minimum paid-up capital of INR 1 lakh and the requirement for the director and shareholder to be the same person.Magne website
Magne websiteMamta Binani
油
MAGNE Consulting is headquartered in Kolkata and provides business transformation and process excellence advisory services to small and medium retail businesses. It helps clients align their people, processes, and technology using the IDAIM model to improve agility. Services include workshops, website design, digital marketing, creating standard operating procedures, audits, customer programs, and IT project management. MAGNE has successfully implemented transformations for various clients.Companies Act 2013 (Provisions Effective 12th Sep, 2013)
Companies Act 2013 (Provisions Effective 12th Sep, 2013)Mamta Binani
油
The Companies Act, 2013 commenced the enforcement of 98 sections on September 12, 2013, with plans to implement additional provisions in phases as preparatory actions are completed. The notification, signed by the Joint Secretary to the Government of India, outlines the specifics of sections now in force, including new definitions, modifications to existing provisions, and regulatory updates. A detailed listing of the new and modified sections compared to the Companies Act of 1956 is provided, evidencing a comprehensive reform in corporate governance.Conversion of partnership firm in to limited company
Conversion of partnership firm in to limited companyAmit Soni
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The document outlines the necessary documentation and steps to convert a partnership firm into a limited company, including details such as member particulars, consent from members, and no objection certificates from creditors. It specifies a step-by-step process starting from name application to filing necessary forms. A notice for the application must also be published, allowing for public objections within twenty-one days.Chapter II of Companies Act, 2013
Chapter II of Companies Act, 2013Mamta Binani
油
The document provides information on key aspects of the Companies Act, 2013 and draft rules relating to types of companies, private companies, public companies, one person companies, and requirements for company names and memorandums. Some of the key points summarized:
- It introduces the concept of a One Person Company for the first time, with requirements that it must have one natural person as a member who is an Indian citizen.
- Private companies must restrict share transfers and limit members to 50, while public companies must have a minimum paid-up capital of Rs. 5 lakhs and no restriction on members.
- The memorandum must state the company name and objects, liability, share capital details, and in case ofChapter VI (Registration of Charges), The Companies Act, 2013
Chapter VI (Registration of Charges), The Companies Act, 2013Mamta Binani
油
This document provides an overview of Chapter VI of the Companies Act, 2013 regarding the registration of charges in India. Key points include:
1. Companies must register charges on their assets with the Registrar of Companies within 30 days of creation, along with supporting documents. Failure to do so could result in fines.
2. Both companies and charge holders can register charges. Satisfaction of charges must also be registered within 30 days.
3. The Registrar issues certificates of registration and maintains a register of charges open for public inspection.
4. Appointment and cessation of receivers must also be notified to the Registrar. Companies must maintain their own register of charges.
5Forms under Companies Act, 2013
Forms under Companies Act, 2013Proglobalcorp India
油
This document lists various forms prescribed under the Companies Act, 2013 in India. It outlines the forms required for incorporation of companies, registration of charges, annual filings, appointment and resignation of directors and auditors, related party transactions, and other company law compliances. It also provides contact information for assistance in filing any of these forms. In total, it references over 50 forms across various chapters of the Companies Act that must be filed with the Registrar of Companies for compliance purposes.Companies Act 2013 vs Companies Act 1956
Companies Act 2013 vs Companies Act 1956Corporate Professionals
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This document provides an overview of key changes between the Companies Act, 1956 and the new Companies Act, 2013. It compares provisions around incorporation, share capital, deposits, charges, management and meetings. Some key changes include stricter due diligence for company incorporation, requirements for independent directors and key managerial personnel, limits on auditor appointments, provisions around related party transactions, and faster processes for mergers and restructuring. The new law aims to improve corporate governance and bring more accountability in company operations.Stepwise procedures under companies act 2013
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The document outlines various stepwise procedures related to company operations under the Companies Act of 2013, including conversion, incorporation, share issuance, and director appointments. It provides detailed instructions for numerous processes such as shifting registered offices, altering object clauses, and creating charges. Overall, it serves as a comprehensive guide for compliance and operational efficiency in corporate governance.More from Startupwala (20)
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