THE PNB FRAUD The hot topic of these days is PNB scam. Everyone is sharing on social platforms that PNB is involved in the fraud of Rs. 11,500 crores approx. but everyone is not aware about the way it has happened. So, let us discuss about the one of the biggest scams of the country, The PNB Fraud. **For the purpose of this article, Foreign Bank means “Foreign branch of an Indian Bank” Before proceeding further, we should know about the LoU i.e. [...]
Base Erosion & Profit Shifting – A Global Challenge Meaning: “Recently more and more enterprises organised abroad by American firms have arranged their corporate structures aided by artificial arrangements between parent and subsidiary regarding intercompany pricing, the transfer of patent licensing rights, the shifting of management fees, and similar practices in order to reduce sharply or eliminate completely their tax liabilities both at home and abroad.” So, Base erosion and profit shifting (BEPS) refers to tax avoidance strategies that exploit gaps and [...]
Section 24, Power of Securities and Exchange Board to regulate issue and transfer of securities, etc The provisions of this section specifically bring the Securities & Exchange Board of India (SEBI) into the big picture. As per this section: In case of listed companies and the companies which intend to get their securities listed on any recognized stock exchange in India, The matters related to Issue and transfer of securities and Non-payment of dividend, Shall be administered by the Securities and Exchange Board [...]
Section 16, Rectification of name of company In case of identical name: If in the opinion of central government, the name of the company is identical with or too nearly resembles the name by which a company in existence had been previously registered, whether under this Act or any previous company law, it may direct the company to change its name and the company shall change its name or new name, as the case may be, within a period of three [...]
Section 13, Alteration in Memorandum: First of all, a special resolution is required to be passed in case the company wants to alter the memorandum. Alteration in Name: In case of change in name of the company, the approval of the central government in writing is required except if the change is only in a way of add or delete the word “Private” in the name of the company. After the change in the name of the company, a certified copy of [...]
Section 12, Registered Office of the Company The company after the receiving the Certificate of Incorporation shall within the period of 15 days, have a registered office capable of receiving and acknowledging all communications and notices as may be addressed to it. The company within 30 days of its incorporation shall furnish to the Registrar verification of its Registered Office in the prescribed manner. What & Where to mention? The company shall paint or affix its name, and the address of its [...]
Section 8, Formation of companies with charitable objects, etc. As per this section, a license is required to be obtained from the Central Government if a person or an association of persons proposed to be registered under this Act as a limited company: Has in its objects the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object; Intends to apply its profits, if any, or other income in promoting [...]
Today’s topic is Memorandum, Articles & Incorporation of the company, section 4, 5 & 7 of the companies act. Section 4, Memorandum of Company Meaning: "Memorandum" means the memorandum of association of a company as originally framed or as altered from time to time in pursuance of any previous company law or of this Act; Memorandum defines the charter of the company and shall state the following: The name of the company with the last word “Limited” in the case of a public [...]
Hello Friends, Team Atukhurana.com welcomes you to the virtual platform where we aim to provide valuable information to the readers. In the direction of fulfilling this aim, we are starting our new series which will let you understand everything in detail about The Companies Act, 2013. This series will help the students as well as professionals to learn and understand the provisions of this act with the ease of access anytime and anywhere. The duration of this online series will be 60 days [...]
Hello Readers, Till the previous parts, we had discussed completely about Long Term Debt Asset Class Instruments and started with Short Term Debt Asset class instruments under which we had discussed: Bonds Loans Bond Futures & Options on Bond Futures Interest Rate Swaps Interest Rate Caps & Floors, Interest Rate options, Exotic Derivatives Bills and Commercial Papers Deposits Also, refer the 1st part of the stock gyan series for having better understanding of the sequence and types, sub types etc. Let’s come to the [...]
