The query regarding the feasibility of a lease and leave and license is often answered through commercial feasibility in terms of the applicable stamp duty, particularly in Maharashtra. However, it is necessary to comprehend the intention of the parties vis-à-vis a property to arrive at the necessary documentation. Lease and leave and license are the... Continue Reading →
Compliance with Companies Act, 2013 for Private Limited and other Unlisted Companies (Part 4)
The Companies Act, 2013 seeks to create a major overhaul in the functioning of the corporates in India. The Act subjects private companies to a greater control and compliances and withdraws many of the exemptions available to private companies under the Companies Act, 1956. One such area is compliances relating to issue or offer of... Continue Reading →
Notification for exemption of private companies from certain provisions of the Companies Act
Yesterday, the government has placed a draft notification for comments on the MCA Website relating to exemptions granted to private companies. Private companies are closely held business entities that are not permitted to invite the public to subscribe to their shares or accept deposits from the public. Private companies are defined under the Companies Act,... Continue Reading →
Diffusing the Focus
India has witnessed a marked increase in the number of scams that have surfaced both in public and private sectors, said Ranjit Sinha, Director, Central Bureau of Investigation (CBI). Ranjit Sinha is also reported to have said, that the scale and size of corporate frauds in India has zoomed in the last 15 years with... Continue Reading →
Compliance with Companies Act, 2013 for Private Limited and other Unlisted Companies (Part 3)
This write up provides an overview of some of the important changes with respect to meetings of board and its powers as applicable to private companies or other unlisted public companies. The Companies Act, 2013, has made sweeping changes which will affect the day-to-day functioning of private companies and other unlisted public companies. Some of the most important... Continue Reading →
Compliances with Companies Act, 2013 for Private Limited Companies (Part 2)
Related Party Transactions Private companies can no longer be private in their operations and will now need to follow prescribed procedure and disclose the details through filings. However there is still some respite to the smaller private companies i.e. those below the prescribed threshold and those who only conduct business on an arm's length basis.... Continue Reading →
COMMERCIAL LAW BLOG 