An analysis of under section 4 of the companies act

Provided that the company shall, on the receipt of such intimation, file with the Registrar, a notice of such change in Form No INC. Is filing of SPICe forms optional or mandatory for the incorporation of companies?

Nomination by the subscriber or member of One Person Company. Prior to omission it read as under: Prior to substitution it read as under: The Companies Incorporation third Amendment Rules dated 27th July has relaxed the mandatory attachment of proof of identity and residence in respect of a subscriber having a valid DIN.

The companies incorporation rules notified has liberalized many requirements in respect of Proof of Identity and Proof of residence in respect of Subscribers and Directors. Provided that in case of an application for reservation of name or for change of its name by an existing company, the Registrar may reserve the name for a period of sixty days from the date of approval.

In these cases, the company will have already committed a default or would commit a default when the debt becomes due and payable. FORMATION OF COMPANY [Effective from 1st April, ] 1 A company may be formed for any lawful purpose by— a seven or more persons, where the company to be formed is to be a public company; b two or more persons, where the company to be formed is to be a private company; or c one person, where the company to be formed is to be One Person Company that is to say, a private company, by subscribing their names or his name to a memorandum and complying with the requirements of this Act in respect of registration: II dated 27th July, The former became the basis for corporate insolvency resolution proceedings Part II, Chapter II of the Code and the latter was covered in section 59 of the Code.

Please clarify on attestation requirements in respect of foreign companies wanting to form a subsidiary in India? It is likely that the NCLT would dismiss the petition or direct such a company to file an application for corporate insolvency resolution proceedings under section 10 of the Code.

For main Objects Field 3 acharacter limit is 20, and for furtherance of objects Field 3 bit is 1,00, characters. Illustration For example, P.

This default allows the company or its creditors to trigger corporate insolvency resolution proceedings under Part II of Chapter II of the Code. INC-7 shall be used. Is refund applicable if SPICe forms get rejected?

It allows the members of the corporate debtor to not follow any resolution plan of the committee of creditors had it gone for corporate insolvency resolution proceedings, which could at times means welcoming the creditors into the management of the company.

In such cases, how the DSC of such a witness be affixed? The company also has to make a declaration, supported by affidavits of its majority directors, that it has no debts and that the liquidation is not being done to defraud anyone.

In case of technical problems i. Provided also that it shall be the duty of the member of One Person Company to intimate the company the change, if any, in the name of the other person nominated by him by indicating in the memorandum or otherwise within such time and in such manner as may be prescribed, and the company shall intimate the Registrar any such change within such time and in such manner as may be prescribed: In most cases, a company would choose voluntary liquidation under the Code since it is a much less cumbersome and time-consuming process.

Section 4 of Companies Act, 2013

For incorporation of producer companies, unregistered companies and companies being formed with more than 7 subscribers, new version of INC-7 shall be used.

Provided that the name combining the name of a foreign country with the use of India like India Japan or Japan India shall be allowed if, there is a government to government participation or patronage and no company shall be incorporated using the name of an enemy country. Provided further that such other person may withdraw his consent in such manner as may be prescribed: If one draws an analogy to the provisions of the Act, it seems that a company should opt for voluntary liquidation under the Code when it wants minimal intervention of the NCLT.Under section of the Act, a company has to file a statement of affairs of the company, including its books of accounts, when filing a winding up petition.

It is unlikely that the NCLT would pass an order to wind up the company if. An Analysis of Appointment of Directors under the Companies Act, Dr.

G. Velmurugan1 and Prof. R. Subashini2 or other legal persons.). Section of the Companies Act, brings out the following changes regarding Board of Directors regularized at the ensuing AGM under section of the Companies Act, In. (5) (i) Upon receipt of an application under sub-section (4), the Registrar may, on the basis of information and documents furnished along with the application, reserve the name for a period of sixty days from the date of the application.

An Analysis of Section of The Companies Act, This article attempts to make a detailed interpretation of Sectionwhich deals with ‘Board’s sanction to be required for certain contracts in which particular directors are interested’.

Section 4 of Companies Act, – Memorandum. [or under section of the Companies Act, Attention has, in particular, been drawn to the absence of the deeming provision of sub-section (7) of section 4 of the Companies Act, in the Companies Act, (New Act).

Under the Companies Act, section 77 to section 87 deals with charges. The company may borrow monies by providing security of its assets and may create a lien on the properties of the Company. The Company may also issue Debentures to raise funds which may carry a right/ interest in the Assets/Properties of the company.

Download
An analysis of under section 4 of the companies act
Rated 3/5 based on 15 review