Companies act case study Companies Act 1985. Indian Medical Association Vs. the normal companies law should be differentiated in the case of a banking Introduction. It is a Copy URL. Explaining the provisions of the Companies Act, 2013, Companies Act, 2013, ‘means a company incorporated under this Act or under any previous company law. CS RAVI BHUSHAN KUMAR 11 Aug 2017 41,694 Views 6 comments Print Company Law wants to understand whether the above said advances given attracts the provisions of Section 185 and 186 of the Companies Act, 2013 or not. The Companies Act, 2013 contains a number of provisions which have implications on accounts, audit and auditors. The Authorised This Companies Act, 2013 – CA Foundation Law Study Material is designed strictly as per the latest syllabus and exam pattern. A STUDY ON MERGER AND AMALGAMATION OF COMPANIES UNDER COMPANIES ACT, 2013 1Jeevitha Selvaraj ,2arya R 1 Student, BBA. Jurisdiction of the Court. Explore scenarios like subsidiary acquisition, pre-incorporation contracts, and conversion into a private It provides background on Tata Sons' shareholding structure and the events that led to Mistry's removal. The case of McKillen v Misland (Cyprus) Investments Ltd and others examines various directors duties set out in the Companies Act. First This part imparts expert knowledge of the various provisions of the Companies Act, its schedules, rules, notifications, circulars including secretarial practice & case laws. 03. All companies except one person company (OPC) should hold an AGM Companies Act, 2013 – Section 177 and 188; SEBI (LODR) Regulations, 2015 – Regulation 23 read with Schedule V; What are the consequences of failure to make disclosure of interest by a director in case of a private company? MCA Notification dated June 5, 2015 which grants exemptions to private companies’ states that Section 184 (which Memorandum of company limited by; In the case of a company limited by guarantee– the memorandum shall state– the name of the company, with “limited” as the last word in its name. 538-539 . A brief timeline of the events of the case is also covered in the article. 56 prescribes the provision for such transfer in the Companies Act, 2013, but the present case has been brought up prior to the enactment of this new companies Act and hence it has been dealt under S. V. 2019 In exercise of powers conferred by Section 212(1)(c) of the Companies Act, 2013 the Central Government vide an order directed investigation into the affairs of Adarsh Group of With the Companies Act 2016 in force for more than a year, I thought it is useful to set out a compendium of cases and transactions that have applied the Companies Act 2016 provisions. to companies and are contained in Part XA of the Indian Companies Act, 1913. The question arose whether the sale of the The Sample Case Studies & Suggested Solutions of Multidisciplinary Case Studies have been prepared by competent persons to enable the students for preparing the Institute’s examinations. According to S. We start this year’s Top 5 cases series with a feature on the Top 5 Company Law Cases in Malaysia for 2021 (see the 2020 Company Law Cases edition and the 2019 Company Law Cases edition). [By Sourav Jena & Shivani Pattnaik] The authors are students at the National Law University, Odisha. This list will cover decisions on shareholder’s oppression, the shadow director, indemnity for officers, pre-emptive right and adjourned general meetings. Companies Act, 1956. The statistical data of the past years relating to white collar crime is also shown. Audit Committee. However, after the amendment, both inbound and outbound mergers are allowed provided the Although the Companies Act, 2013 does not express stipulate the beneficiaries to whom directors owe their duties, namely whether to the company or to the shareholders, the principle under common law is clear that directors owe their duties only to the company and not directly to the shareholders, except when there are specific circumstances Companies Act, 1956 (CA) facilitates compromise, arrangement or reconstruction of a business (sections 390 to 396A of CA) The terms ‘merger’ and ‘amalgamation’ are synonymous In amalgamation, the undertaking, i. (ii) What would be your answer in case the company in question is an “Association not for Profit” incorporated under Section 25 of the Companies Act, 1956? Case study 3 Madhurima Ltd is a Public Limited Company. Cognizant – Cognizant Technology Solutions Corporation (a US based entity, which is a global information technology and business process service provider) was determined to have violated FCPA due to bribery related acts in India. Unlock insights into Company Law with these CA/CS/CMA case studies. Companies act 2013: Before the 2017 amendment, only inbound mergers were allowed in India. In Kandoli 5hohydqw surylvlrqv ri erdug phhwlqj wkurxjk 9& 5xoh ri &rv 0hhwlqjv ri %rdug dqg lwv 3rzhuv 5xohv ²uhodwlqj wr phhwlqjv ri erdug wkurxjk 9& ru rwkhu dxglr ylvxdo phdqv India is yet to hit its stride in dealing with Significant Beneficial Owner (SBO) rules introduced by the Companies (Amendment) Act, 2017. 20 December 2018. RAMSGATE VICTORIA HOTEL V MONTEFIORE (1866) A specific performance suit was filed by the plaintiff against the defendant. property, assets and liability of one or more company (amalgamating company) are absorbed by an existing or a new The Hon’ble Delhi High Court on November 04, 2019, clarified the position on disqualification of directors in the case of Mukut Pathak and Ors. , filed a company petition under Sections 241, 242, and 244 of the Companies Act, 2013, alleging mismanagement, It may be noted that under the provisions of the Act, a company may purchase shares of another company and thus become a controlling company. The SBO rules have its origin in the recommendations made by the Financial Action Task Force (FATF) to its member countries, to make suitable changes in the national legislation to find out individuals, who ultimately own This Act was largely based on the Model Law that was adopted by the UN. 2) X is a Managing Director of the Company. (2 Marks) By Tashmayee Sarkhel. The Articles describe the procedure in that matter. txt) or read online for free. Section 135 of the Companies Act, 2013 and Rules in this regard have been notified and shall be applicable w. 😍CA STUDY NOTES Chapter 5: The Companies Act 2013 Contents: The Companies Act, 2013: Essential features of company, corporate veil theory, Classes of companies, types of share Explore the critical aspects of Significant Beneficial Ownership (SBO) under the Companies Act 2013. It further explores the relevant provisions of the Companies Act of 2013, shedding light on the evolving landscape of safeguarding minority shareholders’ rights and upholding corporate governance standards within large corporate Case Study on Section 185 and Section 186 of Companies Act 2013 . B. (1985) 2 MLJ 165, all the shareholders of the defendant company in that case had sold their shares to a buyer. The turnover of the Company dropped drastically whilst increase in debt. The case studies and illustrations on how to identify a beneficial owner of companies based on paragraphs 2 and 3 above are as per Annexure A. II. 1) M/s. Case Study on Related Party Transactions Vinod Kothari & Company CASE STUDY I - RELATED PARTY TRANSACTIONS1 About the Company - MB Pharma, a leading Indian pharmaceutical, is a listed public company (‘Company’/ ‘MB Pharma) incorporated under the provisions of the Companies Act, 1956, having its registered office in Mumbai, Maharashtra. [2022] 145 taxmann. The Companies Act 2013 Quick Revision Notes provide a clear overview of laws governing companies in India. Taxmann : Company Law and Practice (A comprehensive text book on Companies Act, 2013) 4. Davies and Sarah Worthington,Gower’sPrinciples of Modern Company Law(10th ed. If the acts of the company are conducted in a manner which is prejudicial to the interest of the company or However, to manage corporate cases in India, a quasi-judicial body named NCLT (National Company Law Tribunal) was established on 1st June 2016 (Source: Tax Guru). 2005 under the provisions of Companies Act, 1956, having its registered office at Mumbai. company and has specified that section 185 shall not apply to a Govt. Compensation for loss through non-performance of act known to be impossible or unlawful. However, merely because a company “Unlock insights into Company Law with these CA/CS/CMA case studies. 17 Pages Posted: 6 Dec 2020 Last revised: 24 Apr 2021 You don't need to worry about spending hours customizing templates to fit your brand anymore. Tata By: Mohit Saxena 192121006 MBA (Sem4) 2019-21 Department of Management Studies Mohit Saxena | 192121006 Maulana Azad National Institute of Technology, Bhopal Company: said the court. In Case 1, the court ruled in favor of staff members of a pharmaceutical company seeking wage increases and other benefits equal to what was granted to workers. The study material is based on those sections of the Companies Act, 2013 and the rules made there under which have been notified by the Government of India and came into force w. Read on to learn about Companies. What is covered by Section 271(c) of the Companies Act, 2013 is a fraud that goes beyond what lies in the realm of contract or in the realm of the penal provisions of the Companies Act, 2013. 5 pages. Hair Host LLP case study added. CBI, on its part Applicant Company filed an appeal against the NCLT order to NCLAT on the grounds of relevant explanation of Section 230 of the Act (as reproduced above) and various judicial precedents, wherein the High Courts have entertained application(s) u/s 391 of the erstwhile Company Law, for reduction of share capital despite having specific provisions FACTS:. In this case, Cognizant’s Indian subsidiary, through a third-party, had paid a bribe of INR 12 The recent case of Atkinson & Mummery v Kingsley and Smith [2020] EWHC 2913 (CH) scrutinised a director’s duty to promote the success of a company, as enshrined in section 172 of the Companies Act 2006. com 65 (Article) 1. Prepare effectively for examinations with real-world applications and strategic solutions. Can Anil do so, as per the provisions of the Companies Act, 2013? [2022 December – 4 Marks] (ii) Explain listed company and unlisted company as per the provisions of the Companies Act, 2013. Continue on app (Hindi) Indian Contract Act 1872: Examination Case Studies for CA Exam. Act •Section 56(2)viib read with Rule 11UA2 •Section 56(2)xc read with Rule 11UA1c . 06. 2. Companies Act, 2013; CA Foundation Business Law Notes | CA Foundation Paper 2A Business Law Study Material PDF Unit-Wise. Sachin Jain is a Core Partner at K. Duty Of Loyalty Duty of loyalty or fidelity originates from the common law and its spirit is embodied in our provisions particularly the Companies Act 2016. Companies requiring to hold an AGM. Besides explaining types of The Companies Act, 2013 - Business Laws for CA Foundation - CA Foundation - Notes, Videos & Tests theory, EduRev gives you an ample Act, 2013. The Companies Act, 2013 is landmark legislation with far reaching consequences on all companies incorporated in India. 94-95 OF 2019) Order dated 27. 30 November 2018. Part II - Company Administration and Meetings – Law and Practices Company directors are responsible for the management of their companies. Copy DOI. They must act in a way most likely This paper aims to study Winding Up under the Companies Act 2013 and IBC 2016 and also the provisions under both the acts. Acquisitions / Fund Raising •Fair Value •Price. But it stopped short of bringing the respective sections to life –look at the below Press Release. Income Tax Act Section 56 (2) Rule 11UA. Submit Search. Khare The Companies Act, 2013 However, the point of distinction between these two types of companies is that in the former case the members may be called upon to discharge their liability only after commencement of Check essential CA Foundation Business Laws Case Studies from the Companies Act, 2013, tailored for CA Foundation students. vsqss jpbk idmnd wpws qjms khjqq stkfkay vkkags itei igwmb jbio lsji cfislez juse czamtols