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Companies Act 2013/1956
Act - 2013/1956
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Read comprehensive analysis of various aspects of the Companies Act by our expert team for a quick and easy understanding
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Top Fifty Points on Secretarial Standard on Meetings of The Board of Directors
Clause 49 Vs Companies Act 2013.
Deposits
Exit Opportunity for Change in Object Clause or Prospectus
Liability of Auditors- More Accountability
Consolidation of Accounts- difficult job
Securities-tightening screws
Private Placement-much needed overhaul
Registered Valuers- New Opportunity
Class Action Suit- A new weapon
Fraud Sword-learning from mistakes
Fast Track Merger-good days ahead
Corporate Governance-a modest start
Role of Auditors-accountable & alert
One Person Company- a mixed bag
CSR-Understanding & its impact
Independent Directors - towards good governance
Liberalized Provisions- a sigh of relief
Stringent Provisions- screws tightened
Corporate Governance – a positive step
Treasury Stock- lost opportunity
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Independent Directors - towards good governance
CSR-Understanding & its impact
One Person Company- a mixed bag
Class Action Suit- A new weapon
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Under this section , important topics of the Companies Act 2013 has been categorized in form of write-up and articles , for your analysis and understanding.
Exit Opportunity for Change in Object Clause or Prospectus
Exit opportunity is an incredibly smart step to protect the untainted investor. The Companies Act 2013 in its aim of investor protection has introduced steps for exit opportunity.
Deposits
To protect the depositor’s interest and to curb the malpractices adopted by Companies accepting depositswith intent to defraud the immaculatedepositors, the Companies Act, 2013 has introduced new Legal framework for acceptance of deposits by Companies.
Independent Directors - towards good governance
The concept of independent directors was initially introduced with a view to increase transparency, fairness and independence in decision making and, protect stakeholders’ interest. So far only listed public companies were required to appoint independent directors under the Listing Agreement.
CSR-Understanding & its impact
Corporate Social Responsibility is now accepted as a means to achieve sustainable development of an organization. Hence, it needs to be accepted as an organizational objective. The Companies Act, 2013 will make Indian companies to consciously work towards that objective, as it requires a prescribed class of companies to spend a portion of their profits on CSR activities.
One Person Company - a mixed bag
The Companies Act 2013 defines 'One Person Company' or OPC as a company formed for any lawful purpose with only one person as its member. One person company is a private company with one person subscribing to the Memorandum and complying with the requirements of the legislation in respect of registration.
Role of Auditors - accountable & alert
Auditors play a pivotal role in upholding the integrity of financial information which forms basis of all investment and financial decisions of the stakeholders. The mandatory requirement that the financial statements of a company have to pass through external audit rigour enables the stakeholders feel confident using such financial information.
Corporate Governance - step in right direction
Though late, India has also now realized that good Corporate Governance is one of the keys to explore the real worth of an organization. The essence of its key ingredients such as Company's Philosophy, Transparency & Disclosure, Board Framework, Stakeholder Interest Protection and Risk Management are being felt now.
Holding Subsidiary Merger-good days ahead
The Companies Act, 2013 proposes a fast track and simplified procedure for mergers and amalgamations of certain class of companies such as holding and subsidiary, and small companies.
Fraud Sword - learning from mistakes
The Companies Act, 2013 incorporates strong safeguards for investors and stakeholders tprotect them from frauds committed by the company, its management, auditors, advisors and consultants.
Class Action Suit - A new weapon
A class action or a class suit is a lawsuit that allows a large number of people with a common interest in a matter to sue or be sued as a group. The concept that is common in developed countries such as the US, UK and Singapore did not exist in India. The provision of class suit gives stakeholders an edge in retrenching their rights.
Registered Valuer - New Opportunity
The Companies Act, 2013 has introduced the concept of ‘Registered Valuer’ through Chapter XVII to cover valuation of any property, stock, shares, debentures, securities, goodwill or any other assets of the company as well as its net worth and liabilities.
Private Placement - much needed overhaul
Private placement is one of the more favored methods used by companies traise funds. The Companies Act, 1956 and SEBI guidelines and regulations govern conditions for private placement. Loopholes in the laws have been misused by companies and their promoters tindulge in malpractices, thereby compromising the interest of innocent stakeholder.
Securities-tightening screws
Till 2000, the term
"Securities"
did not find any place in the Companies Act, 1956. The Act defined only Shares and Debentures as instruments that could be issued by companies. With passage of time, regulators realized that the term shares and debentures were too restrictive, especially as a range of instruments were being issued by India Inc.
Treasury Stock - lost opportunity
In the international context, treasury stocks get created when there is a buyback of shares. In India, The Companies Act, 1956 require shares bought back to be extinguished at the time of time back, and so it cannot be used for treasury operations.
Consolidation of Accounts - difficult job
To ensure transparency and facilitate disclosure of clear and refined picture of the state of affairs of companies, the Companies Act makes mandatory, the preparation of consolidated financial statements of all the subsidiaries, besides presenting its own financial statements.
Liability of Auditors - More Accountability
Auditors are required to protect the interest of stakeholders, presenting an objective report and unveil the defaults by the companies they serve. Several instances have come to light where it was found that auditors connived with the management to evade adverse remarks and also failed to report defaults by the company.
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