COMPANIES ( WINDING UP) RULES, 2020 AND ITS IMPACT ON NCLAT

INTRODUCTION A company's dissolution is the final stage of its existence. It is the process by which the company is terminated, i.e. the process by which its corporate existence ends and it is finally dissolved. A company can be wound up by a National Company Law Tribunal ("Tribunal") or by voluntary winding up, according to... Continue Reading →

“FINANCIAL STATEMENT, BOARD’S REPORT”

The Companies Act,2013 is a broad detailed legislation which basically governs the incorporation, dissolution, and functioning of the company. Mainly, it focuses on the pellucidity by way of detailed disclosures. Financial statement, Board’s report,etc has been mentioned under section 134 of Chapter IX of Companies Act,2013. Financial reporting is necessary for companies as it provides... Continue Reading →

TOPIC: WHAT IS EQUITY SHARE CAPITAL?

SHARES: A share is the share capital of the company including stock according to section 2(84) of the Companies Act 2013. A share is a measure of the interest in the company’s assets held by a shareholder. Kinds of share capital [S. 43] Capital must be divided into shares of a fixed amount. All the... Continue Reading →

What is Company Law?

Introduction Law exists for different segments in a society. It can be applied in a variety of sectors whether civil or corporate. In discharging the lawful duties, law also governs companies. In respect of companies, company law is applied to regulate different matters in relation to companies. The global business community has grown rapidly in... Continue Reading →

PROCEDURE FOR REGISTRATION OF GIFT DEED

GIFT DEED A Gift Deed is a legal document that represents a transfer of gift from one person to another as per the provisions of the law. Gift Deed is a legally binding written document defined in Section 122 of the Transfer of Property Act, 1822, through which the donor can transfer an existing movable or... Continue Reading →

TRUST OWNED PROPERTY

A trust is an arrangement by which the property of the author of the trust or settlor is transferred to another, the trustee, for the benefit of a third person, the beneficiary. In general terms, trusts fall into one of two categories, private trusts and public trusts. The India Trusts Act, 1882 (act) governs private... Continue Reading →

REPAYMENT OF DEPOSITE ETC. ACCEPTED BEFORE COMMENCEMENT OF THE ACT

Section 74. Repayment of deposits, etc., accepted before commencement of this Act. Chapter V (SEC 73-76A) of the Companies Act, 2013 deals with the provisions related to acceptance of deposits by companies. Section 74 of CA 2013 provides for repayment of deposits, etc., accepted before commencement of this Act. Applicability of the provision (1) Where... Continue Reading →

MORTGAGE BY TITLE DEED DEPOSIT

The concept of Mortgage by deposit of title deeds is unique and seemingly simple as compared to the other kinds. Here, the debtor just delivers to the creditor the documents i.e., the title-deeds of immovable property with intent to create a security. Mortgage was a well-established mode for taking a loan since ancient times. In... Continue Reading →

AWARD UNDER LAND ACQUISITION ACT

Land Award means that portion of the award in condemnation proceedings which represents the value of the land and of any subsurface installations of sanitary sewers, storm sewers, water systems pipes, landscaping, and the curbing, surfacing and other improvements to any streets or ways which may be taken, the consequential damages to any part of the... Continue Reading →

Different types of Share Capital

Many people buy and sell shares of companies. It is a kind of investment by the consumers. But what does it mean for a company? A simple answer is that a company issues shares to earn some capital, known as share capital. However, it is not as simple as this. The Companies Act lays down... Continue Reading →

EXECUTION OF BILLS OF EXCHANGE

INTRODUCTION A bill of exchange is a type of paper that entitles the holder to pay a certain amount of money to the debtor named in the document. The bill of exchange is both a means of payment and an instrument for making payment. The bill of exchange is typically a paper on orders, but... Continue Reading →

Mistake

Introduction:When a person misunderstood or misinterprets the facts of something, he is at a mistake.The mistake may be defined as when either one or both the parties to the contract give their consent, which is caused by misunderstanding, and if this fact is not presented they would not come into the contract; the contract is... Continue Reading →

Star Intern – Karan Mange

About Karan MANGE KARAN RATANBHAI has done his bachelor's degree in Business Administration and Management having specialization in Finance from Veer Narmad South Gujarat University in year 2020 . He is pursuing Law degree from Parul Institute of Law, Parul University, having keen interest in commercial laws, intellectual property laws, and other business laws. He... Continue Reading →

Star Intern – Rounak Mondal

About Rounak I am Rounak Mondal, a 4 th year student of Amity University, Kolkata. My specialization is mainly in Corporate Law, and in the near future I wish to pursue either LLM or MBA. My hobbies include travelling, drawing, listening to music, playing cricket and football. My previous experiences include interning in a law... Continue Reading →

Star Intern – Vaishnavi Arora

About Vaishnavi I am a Hardworking and knowledgeable law student with experience in various legal competitions like mediation, negotiation, and moot court. Comprehensive knowledge of the law of contracts. Effective communicator with critical thinking. As I am pursuing BBA LLB so my aspiration is to become a lawyer and be willing to work under different... Continue Reading →

Star Intern – Muskaan Kaur

About Muskaan I am a third-year law student at NMIMS School of Law, Mumbai. I am from Delhi and Mumbai. I did my 10th from St. Anthony’s Girls High School, Chembur Mumbai and 12 thfrom St. Andrews College of Arts, Science & Commerce. I believe in character, values, vision, and action. I am a quick... Continue Reading →

Star Intern – Kinkini Chaudhari

About Kinkini Hello, I am Kinkini Chaudhuri, a 4 th year student of Amity University, Kolkata. My specialization is mainly in Corporate Law, and in the near future I wish to pursue LLM and MBA. I like to sing and hold a diploma with distinction marks. My hobbies include singing and watching TV. I love... Continue Reading →

RIGHTS OF MINORITY SHAREHOLDERS

INTRODUCTION TO MINORITY SHARE HOLDERS To start with we will first know the definition of “majority and minority shareholders”.The majority shareholders in a firm or company are those members who own the most shares in the company. The word "minority shareholder" is not defined in the Company Law. However, it is commonly accepted that persons who... Continue Reading →

RED HERRING PROSPECTUS

INTRODUCTIONUnderstanding Red Herring prospectus necessitates first understanding the definition of prospectus. A "prospectus" is defined in Section 2(70)[3] of the Companies Act, 2013 as follows:"Prospectus" means any document described or issued as a prospectus, including a red herring prospectus referred to in section 32 or a shelf prospectus referred to in section 31, as well... Continue Reading →

FREEHOLD PROPERTY IN INDIA :

Introduction : Freehold property is any estate that is "free from hold" of any entity other than the owner. As a result, the owner of such an estate has perpetual free ownership and can utilise the land for any purpose, subject to local rules. A freehold property is more expensive than a leased property since... Continue Reading →

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