Company Laws

Companies Act, 2013 is an Act of the Parliament of India which regulates incorporation of a company, responsibilities of a company, directors, dissolution of a company. The 2013 Act is divided into 29 chapters containing 470 clauses as against 658 Sections in the Companies Act, 1956 and has 7 schedules. The Act has replaced The Companies Act, 1956 (in a partial manner) after receiving the assent of the President of India on 29 August 2013. The Act came into force on 12 September 2013 with only 98 provisions of the Act notified. On 27 February 2014, the MCA stated that Section 135 of the Act which deals with corporate social responsibility will come into effect from 1 April 2014. The Ministry of Corporate Affairs has notified 183 sections of the new Companies Act, 2013, which has come into effect from April 1, 2014. With this, 282 of 470 sections of the Act have got notified in a phased manner. Also, the related rules that fall under the 183 sections have also been notified.

One of our core areas being Corporate Legal matters, our work under Corporate Law includes the following:

• Promotion, Formation and Incorporation of companies and matters related therewith like Alteration in MOA and AOA.
• Due Diligence
• Conferring opinions on the Company Law matters and case studies
• Appearing before Company Law Board/NCLT/NCLAT/Special Courts, Central Government, Ministry of Corporate Affairs, Regional Director and Registrar of Companies or any other Statutory Authority
• Acting as Scrutinizer under Companies (Postal Ballots) Rules
• Drafting and scrutinizing of legal documents, memorandum of understandings, joint venture agreements etc.
• Managerial Remuneration matters
• Creation, Registration, modification and satisfaction of charges, search and status report
• Compounding of offence u/s 441
• Restoration of defunct company u/s 248
• Oppression & Mismanagement u/s 241