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Def. Lex-O-Pedia
How Do Related-Party Transactions Intersect With Money-Laundering Law?
A related-party transaction is a governance matter until it becomes a crime. When an RPT is a sham — inflated invoicing, circular flows, shell-entity payments — it can generate proceeds of crime and pull the transaction into the Prevention of Money-Laundering Act, exposing the company to a second, c
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Def. Lex-O-Pedia
What Stamp Duty Applies to a Physical Transfer of Company Shares on Form SH-4?
Physical share transfers on Form SH-4 attract stamp duty at 0.015% of consideration under Article 62 of the Indian Stamp Act, 1899, payable by the transferor, uniform across India. The rate, valuation base, payment mechanics and the dematerialisation deadline now curtailing the physical route.
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Def. Lex-O-Pedia
Does a Company That Trades Only Its Own Capital Need to Register as an NBFC?
A private company trading purely on its shareholders' capital, with no public deposits and no customers, is not forced to register as an NBFC merely because its paid-up capital crosses Rs 10 crore. The determinant is the 50-50 principal business test.
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Def. Lex-O-Pedia
Does a Related Party Transaction Require Filing Form MGT-14 With the ROC?
A related party transaction under Section 188 does not itself trigger MGT-14. Whether the form must be filed turns on the type of resolution passed — special versus ordinary, and board versus shareholder — and, for board resolutions, on whether the company is public or private.
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Can a Foreign Company Be Joined as a Respondent in an NCLT Oppression and Mismanagement Petition?
A foreign-incorporated entity can be joined as a respondent in an NCLT oppression and mismanagement petition, but usually only as a proper party, and NCLT's power to make substantive orders against it is limited. How the necessary/proper distinction, misjoinder and the territorial reach of Section 2
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Def. Lex-O-Pedia
Can CSR Funds Flow Through a Trust Connected to the Company's Directors?
A registered trust whose trustees are the company's own directors can lawfully implement CSR, but engaging a related business to run the activity sits in a regulatory grey zone. What Rule 4, Section 188 and MCA guidance permit, and where the enforcement risk lies.
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What is the process for the inspection, inquiry, and investigation of companies under The Companies Act, 2013?
The Companies Act, 2013 outlines processes for inspecting, inquiring, and investigating companies to ensure transparency and prevent fraud. Authorities like the Registrar, Central Government, and SFIO can scrutinize records, investigate misconduct, and protect shareholder interests.
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What is the process for the appointment of Key Managerial Personnel (KMP) and their remuneration?
The appointment of Key Managerial Personnel (KMP) in companies is governed by the Companies Act, 2013, which mandates their appointment for certain public companies. The KMPs are responsible for managing operations and ensuring compliance, with specified roles and remuneration limits.
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What Is the Regulatory Framework Governing a Dormant Company?
Dormant companies, under Section 455 of the Companies Act, 2013, can temporarily pause operations while retaining assets and reducing compliance. By meeting specific requirements, they can regain active status within five years or risk being struck off by the Registrar of Companies.
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Def. Lex-O-Pedia
What are the Statutory Registers required under The Companies Act, 2013?
Statutory registers under the Companies Act, 2013 are essential for maintaining corporate governance, compliance, and transparency. They track shareholder details, financial records, and important company decisions.
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