Compounding process under Foreign Exchange Management Act (FEMA), 1999 Author: Nikita Pathak Email id: nikita@simplybiz.in Section 15 of the Foreign Exchange Management Act (FEMA), 1999 empowers Reserve Bank of India (RBI) to compound the contraventions under the Act. Compounding is a mechanism provided by RBI in order to pardon the company for contravention of provisions […]

Procedure for Transfer of Shares Author: P.Rithika Kumari Email id: rithika@simplybiz.in Introduction Transfer of shares is done by Companies on regular basis. It plays a crucial role in the identity of the Company. The Companies Act 2013 lays down the provisions related to the Company’s transfer and transmission of shares. Transfer of shares is when […]

Related Party Transactions Author: Meghana V Email id: meghana@simplybiz.in A. Overview A brief definition of Related Parties, Related Party Transactions, approval requirements for entering into Related Party Transactions, and the impact on entering into Related Party Transactions as per the Companies Act, 2013 are covered in this article. B. Introduction Related Party Transactions (RPT) refer […]

Corporate Secretarial Audit-It’s Significance Author: Shruti Banerjee Email id: Shrutibanerjee@simplybiz.in What is a Corporate Secretarial Audit? Corporate Secretarial Audit is a mechanism which involves investigation to check whether a Company is complying with all its regulatory obligations in terms of laws, rules and regulations applicable to it. It is a mechanism which ensures compliance with […]

FAQs on Corporate Social Responsibility- Series I Author: Geetanjali Aggarwal Email id: geetanjali@simplybiz.in The Government provides the broad framework for Corporate Social Responsibility (CSR) through Section 135 of the Companies Act, 2013 (‘Act’), Schedule VII of the Act, Companies (CSR Policy) Rules, 2014 and amendments thereof. The Ministry of Corporate Affairs passed the Companies (Amendment) […]

Adjudicating Order for Violation of the Provisions of Section 12(3)(c) of the Companies Act, 2013 relating to Registered Office of the Company Authors: Yogesh Kukreja & Amrutha Ananda Email id: yogesh@simplybiz.in, amrutha@simplybiz.in Reference of Section of the Act Section12(3)(c) of the Companies Act, 2013 states that a Company shall, get its name, address of its […]

Buyback v/s Dividend –Which one to go for?Authors: Shruti Banerjee Email id: shrutibanerjee@simplybiz.in What is Buyback? Buyback is a corporate action where a company buys back or repurchases its own shares from the shareholders   A company will generally go for buyback to increase its earning per share, which will indirectly increase the value of share […]

Consequences of non-reporting or delayed Reporting under FEMA- Overseas Investments Regulations Authors: Nikita Pathak Email id: nikita@simplybiz.in Investments are one of the key elements of wealth creation in India. Due to Globalisation, Overseas Investment has shown a positive trend in the growth and expansion of Business Entities. Overseas Investment has not only handheld Companies to […]

Adjudicating Order for Violation of the Provisions of Section 92 & 137 of the Companies Act, 2013 Relating to Non-filing of Annual Return & Financial Statements Authors: Yogesh Kukreja & P.Rithika Kumari Email id: yogesh@simplybiz.in and rithika@simplybiz.in Reference of Sections: Section 92 of the Companies Act, 2013 states that a Company must file Annual Return […]

  Stamp Duty on Issuance and Transfer of Share Certificates Author: Geetanjli Aggarwal Email id: geetanjali@simplybiz.in The requirement of payment of Stamp Duty arises at the time of issuance of Share certificates. The jurisdiction to determine the stamp duty on the issuance of Share certificates lies with the State. Therefore, stamp duty rates on issuance […]