Knowledge Hub - MMJC - Page 8

Introduction Over the past many years, the Ministry of Corporate Affairs has taken several steps towards Ease of Doing Business[1]. The Central Government, exercising authority under sections 396(1) and (2) of the Companies Act, 2013, has recently vide notification dated February 2[2], 2024 communicated establishment of a Central Processing Centre (‘CPC’) located at the Indian

Introduction. Ministry of corporate affairs has always been trying to make it easier for companies as well as for the regulator (registrar of companies ROC) to comply with all legal requirements and ensure good governance at India Incorporated. In continuation of these efforts, MCA has come up with a new web-based e-form, called ‘change request

Introduction to concept of corporate veil The foundational principle of company law revolves around the concept of a “separate legal entity”. According to this principle, a company is distinct from its members and is recognized as a separate legal entity. This fundamental idea is rooted in the landmark case of Salomon v. Salomon Limited and

Background: Recently, under the ROC Adjudication mechanism we have seen adjudication orders being passed with respect to start-up and small companies. In one such case, Registrar of Companies Tamil Nadu -Coimbatore (‘ROC’) passed an order against M/s. Konwert India Motors Private Limited (‘Company’/’Konwert’) on May 18, 2023. In this case, the Company was in violation

Introduction. Since the time of very origin of law, the basic concept of law is that, only the actual wrong doer should be punished and not the innocent one. However, as far as the law of torts is concerned, there can be found an exception to this basic principle of law. In general parlance, torts

Introduction Among the Diverse efforts undertaken by the Ministry of Corporate Affairs (MCA) to enhance the ease of doing business, the mandate for dematerialization of securities stands out as a paramount initiative. Dematerialization, in simple terms, involves the conversion of physical securities into a digital or electronic format. As per the FAQs on dematerialisation issued

Background The assets and cash reserves of any company are inherently for the expansion and interest of the business of the company and its shareholders. Like it is in the case of sole proprietorships and partnership firms that the interest involved are of limited individuals the same cannot be the case for business structures as

Introduction. India is the largest democracy of the world, and at the foundation of this largest democracy, lies the world’s longest written Constitution. Along with the federal democratic system, the Constitution of India also lies at the bedrock of Indian judiciary. All the laws formed and implemented in the jurisdiction of India, gain their basis

Introduction. Section 44 of the Companies Act 2013 (‘the Act’) states that, the shares of the company are movable property and are transferable in the manner provided in the Articles of Association (‘AOA’) of the company. These words ‘transferable in the manner provided in the articles of the company,’ are of very much importance especially