The Insolvency and Bankruptcy Code, 2016 define a separate insolvency resolution process for individuals/partnership firms which is different from that provided for the corporate bodies. Chapter III of Part III provides for the insolvency resolution process (RP) for individuals and partnership firms. The Adjudicatory Authority (AA) for the process enshrined under this Part is the…
A secretarial Audit is a compliance audit, it is an effective tool for corporate compliance management. It helps to take corrective measures and detects non-compliances. It is a process to check that the company has complied with the legal and procedural requirements, and compliance with the provisions of various laws and rules/regulations/procedures, maintenance of books,…
Section 139(1) The first auditor of a company shall be appointed by the BOD within 30 Days from the date of Incorporation of the company and such auditor shall hold office till the conclusion of the 1ST AGM in the case of failure of the Board to appoint such auditor, it shall inform the members,…
Merger refers to the business arrangement between two or more companies or body corporates form a single/one company or body corporate for the benefit of both companies. There are various benefits companies enter into the transaction of merger which is as follows: It enables enterprises to achieve economies of scale Reduction of Operational cost is…
Maximum Remuneration to Managerial Personnel A public company can pay managerial remuneration to its directors, including managing director, whole-time director, and its manager in respect of any financial year, up to the maximum limit as prescribed under section 197. The remuneration computed as per section 198 shall not exceed 11% of the net profits for…
You open a company, commission an agency to create a brand for your business, you like it, you feel it yours. Meanwhile, the business grows, the turnover too. Your name begins to circulate. Years of work are finally rewarded by the success you had always hoped for: a brand well positioned on the market and…
If you have a car, a flat, you always register it to make sure that it is your property. So why don’t we do the same when we have a company? To inform a public body that you are the owner, and prevent another from using it, what you have to do is register it…
When you are about to start a new business, you wonder whether or not you should set up a legal entity to develop that project. Perhaps you ask here and there, and doubts increase when it is reported that to establish a legal entity such as a public limited company, you must spend on a…
Section 177 of the Companies Act, 2013 and along with the various rules of Companies (Meetings of Board and its Power) Rules, 2014 lays down the constitution, composition, the roles, and responsibilities of the Audit Committees. REGULATORY FRAMEWORK OF AUDIT COMMITTEE The legal provisions regulating an Audit Committee are as follows: Section 177 of the…
The way companies act has prescribed the process for the incorporation of the company in the same way companies act has prescribed the process, conditions, and method for the closure of the company. As of date, the company act has prescribed two ways/methods to close the company: Strike of company Winding up of company As…
