In this article/blog, I have discussed whether extant provisions of the Companies Act, 2013 (‘Companies Act’) mandates valuation by Registered Valuer for issuance of redeemable (i.e. non-convertible) preference shares on preferential basis OR for...
Blogs
Private Company which is WOS of Public Company – Whether the provisions of Compulsory Demat are applicable?
The provisions relating to compulsory demat of securities for not Small Companies was introduced by the Notification issued by the Ministry of Corporate Affairs on October 23, 2023. By the said Notification, private companies which are not Small...
Whether company incorporated u/s 8 of Companies Act is under any legal obligation to file e-Form for commencement of ‘business’?
Introduction to companies incorporated under section 8 of Companies Act: Companies incorporated under section 8 of Companies Act, 2013 (‘Companies Act’) are formed with an object of promoting commerce, art, science, sports, education, research,...
Unfair exemptions for demat of securities
By the Companies (Amendment) Act, 2019, section 29 of the Companies Act, 2013 (‘Companies Act’) was amended. Pursuant to the amendment a prescribed class(es) of companies were required to issue securities only in dematerialised form (earlier it was...
Share subscription money ONLY through normal banking channels – Whether Company Law mandates such compliance?
Originally, the provisions of ‘Commencement of Business’ was introduced in Companies Act, 2013 but the same was omitted by the Companies (Amendment) Act, 2015. The initial life of the said provision was from April 1, 2014 to May 29, 2015. The said...
Justice GS Patel bids adieu to Bombay High Court
There are few judges who make a tremendous impact on our thought process, interpretation skills, writing skills and many more. For me – Justice GS Patel is one of them. I thoroughly enjoyed reading his judgments & attending hearings at Bombay...
Inappropriate headline for SC’s judgment on lawyer’s service not falling under Consumer Protection Law
This blog is comment/ analysis of headline of newspaper article only, and not on the Supreme Court judgment. Recently, the Supreme Court observed that services by lawyers will not fall under Consumer Protection Act. Though the question posed before...
Movie Review – Swatantrya Veer Savarkar
Swatantrya Veer Savarkar is undoubtedly an excellent movie & great work by actor and producer – Randeep Hooda. Most importantly the casting is worth appreciating. Based on my reading & study of Veer Savarkar, I could easily correlate the...
Practical issues in demat of securities of Private Companies
Recent MCA Notification for compulsory demat of securities for not Small Cos. has created uncertainties for few Cos./group cos. Following are some practical situations (for few of my clients) & observations: 1. Co. was subsidiary of Foreign Co....