Securities Premium Account – Business Registration in Bangalore

Section 78 of Companies Act, 1956 – Introduction to Securities Premium Account The object of Section 78 of the 1956 Act was to lay down specifically how the securities premium accounts collected on the issue of shares should be utilized. The expression “premium” is not defined. It may be that if, over and above the cash payment on the shares, some further advantage measurable in terms of money is conferred on the company the value of such advantage will have…

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Definition and Types of Manager- Business Registration in Bangalore

Meaning of the term ‘Manager’ Section 2(53) of the 2013 Act was explained the roles and responsibilities of the manager and it is reproduce section 2(24)of the(old)Companies Act, 1956.Three conditions are to be satisfied before a person may become a ‘manager‘ under section 2(24) of the 1956 Act. They are, he must be an individual as opposed to a firm or a body corporate or an association, he must have the management of the whole or substantially the whole of…

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Voting Rights of Shareholders – Business Registration

Voting Rights of Preference Shareholders Voting rights of preference shareholders have been summed up as follows: Preference shares may be cumulative or non-cumulative. The holders of preference shares have voting right on any resolution of the Company which is directly affecting their rights, for winding up of the company, for payment or reduction of share capital(whether equity or preference) Preference shareholders have a voting right on all resolutions of the company at any meeting if their dividends are in arrears…

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Registration Offices and Fees – Business Registration

Registration offices For the purposes of exercising such powers and discharging such functions  for the business registration as are concerned on the Central Government by or under this Act or under the rules made there under and for the purpose of registration of companies under this Act, the Central Government shall, by notification, establish such number of offices at such places as it thinks fit, specifying their jurisdiction. Registrars, Additional, Joint, Deputy and Assistant Registrars as it is necessary for…

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Companies Incorporation outside India – Business Registration

Application of Act to the foreign companies Where not less than fifty percent of the paid-up share capital ,whether the company is held by one or more citizens of India or by one or more companies or corporate bodies incorporated in India, or by one or more citizens of India and one or more companies or bodies corporate incorporated in India, whether singly or in the aggregate, such company shall comply with the provisions of this chapter and such other provisions…

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Definition of relevant issues of the company – Business Registration

Extracts relevant to new terms/definition  of Companies Act,2013 The JJ Irani committee was an Expert Committee  set up by the Ministry of Company Affairs which mentioned in Order dated 2nd December ,2004,to advise the Government to the new Company Registration  Law.The committee had the benefit of participation by several experts in various disciplines .It took a comprehensive view in developing a perspective on changes necessary in the companies Act,1956 in context of the economic and business registration environment.One of the…

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Promoters Contribution of a company – Business Registration

Chapter 3 Part 3 of the SEBI(ICDR) Regulations,2009 and specifically 32,33 and 34 of the said regulations provide for promoters contribution.The said provisions are explained below discussion. Minimum Promoters Contribution – Public issue The promoters of the issuer shall contribute in the public issue as follows: In case of an initial public offer,not less than twenty percent of the post issue capital;which provided that in case the post issue shareholding of the promoters is less than twenty percent. Alternative investment…

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Issue of Rights shares to Existing Shareholders- Business Registration

Companies Act 2013 : Section 62 – Issue of rights shares Section 62 of the 2013 Act was notified and has been in effect from 01-04-2014,except Sub-sections(4) to (6) which have not been notified ,at the time of going to press.Section 62 of the 2013 Act,like Section 81 of the 1956 Act,provides for issuance of shares to employees under Employee’s Stock Opinion Scheme and issue of shares on preferential basis.Sub-sections(4) to (6) of the Section 62 which have not been…

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Alterations Corresponding to the Companies Act – Business Registration

Alterations of Memorandum of the Company[Section 13(1) of Companies Act,2013] A Company may,in general,alter its memorandum ,by passing a special resolution and complying with other conditions as provided below.It is most important to note that this is subject to section 61 of the 2013 Act,which lays down the limitations and conditions by which a limited company may take alterations of its share capital. This Corresponds broadly to section 17 of the 1956 Act,which also provided for a special resolution to…

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Analysis of Relevant Provisions of Companies Act,1956 – Business Registration

Section 13 of Companies Act,1956 Section 3 of the Companies Act corresponds to section 13 of the 1956 Act and to the extend that both the provisions are similar the case law and commentary on Section 13 of the 1956 Act will be relevant to section 3 of the 2013 Act. Name clause[Section 13(1)(a) of Companies Act,1956] The name of every private company shall contain as its last words,the words “Private Limited”  and every public company shall contain as its…

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