Ministry of Corporate Affairs
1. Notice inviting
comments on the draft rules w.r.t. NCLT related provisions under the Companies
Act, 2013 dated January 28, 2016
Notice date: January 28, 2016
Applicability: To all companies
Crux of the
Notice:
-
For the purpose of
constitution of NCLT/ NCLAT the Ministry had set up a committee on July 17,
2015 to examine the draft rules and procedure that are to be followed by NCLT/
NCLAT.
-
The draft rules
have been placed on the Ministry’s website inviting suggestions/ comments on
the draft rules.
2. Companies (Incorporation)
Amendment Rules, 2016
Notification dated: Jan 22, 2016
Applicability: To all companies
Crux of the
Notification:
All applications for reservation of name, in Form INC-
1 along with the fee as provided in the
Companies (Registration offices and fees) Rules, 2014would now be directed to the
Registrar, Central Registration Centre.
- The operations of CRC has commenced with effect from
27th Jan 2016
3. Whether Hindu
Undivided Family (HUF) / its Karta can become partner/ Designated Partner (DP)
IN Limited Liability Partnership (LLP)
Circular No: 2/2016, F.No. 1/13/2012 CL-V dated January 15, 2016
Reference: General circular no 13/2013
Applicability: To HUF and LLP
Crux of the
Circular:
-
Under general
circular no 13/2013 dated July 29, 2013, it is clearly said that as per section
5 of LLP Act, 2008 only an individual or body corporate may be a partner in a
Limited Liability Partnership. Also it is clearly said that a HUF cannot be
treated as a body corporate for the purposes of LLP Act, 2008.
Therefore, it
was said in the then circular that a HUF or its karta cannot be designated
partner in LLP. Making it evident that only an Individual or a body corporate
may be a partner in a LLP
-
Drawing a reference
to the above referenced general circular the Ministry now clarifies further
that HUF is not treated as a Body Corporate for the purpose of LLP Act, 2008
therefore HUF or its Karta cannot become partner or designated partner in LLP.
4. Frequently asked
questions with regard to Corporate Social Responsibilities under Section 135 of
the Companies Act, 2013
Circular No: 1/ 2016 dated jan 12, 2016
Applicability:Companies who satisfy the following
criteria:
Net worth>=INR 500 Crores OR
Turnover>= INR 1000 Crores OR
Net Profit >=INR 5 Crores
Crux of the
Circular:
The ministry with the intention of facilitating the effective
implementation of CSR has prepared the FAQs for several queries and references,
received and that are likely to be received by the Ministry seeking further
clarification on various issues relating to CSR provision of the Act.
-
This circular is
issued in continuation to the Ministry’s general circular dated June 18, 2014
and September 17, 2014
5. Others:
- Last date of filing
forms MGT-7 (Annual Return) and AOC-4 (Financial Statement) for the state of
Tamilnadu and Puducherry was extended till 30th Jan 2016 without additional fee
Ministry of Labour and Employment
1. The Payment of Bonus (Amendment) Act, 2015
Notification: dated January 1, 2016.
Effective: Retrospective from 01st April 2014
Applicability: All Businesses covered under Payment of
Bonus Act 1965
Crux of the
Notification:
Wage Limit for employees eligible for Bonus increased from INR 10000/-
to INR 21000/-
Salary Limits for calculation of Bonus Payable double to INR 7000/- (or
Minimum wages, whichever is higher), from the earlier limit of INR 3500/-
2. The Employees’
Provident Funds Appellate Tribunal (Procedure) Rules, 2016
Notification: dated January 14, 2016.
Applicability:All the companies Act
Crux of the
Notification:
The notification replaces the existing Rule 6 and Rule 7 of the
Employees’ Provident Funds Appellate Tribunal (Procedure) Rules, 1997 as
follows:
|
Existing
|
To be replaced with
|
|
Rule 6: Place of filing appeals.—The appeal shall ordinarily be filed
by the appellant with the Registrar of the Tribunal within whose
jurisdiction:—
(i) the appellant is residing for the time being, or
(ii) the cause of action has arisen, or
(iii) the respondent or any of the respondents against
whom relief is sought, ordinarily resides
|
Rule 6: Place of filing appeals – the appeal shall ordinarily be filed
by the appellant with the registrar of the Tribunal within whose jurisdiction
the course of action has arisen.
|
|
Rule 7. Fee, time for filing appeal, deposit of amount due on filing
appeal.—
(1) Every appeal
filed with the Registrar shall be accompanied by a fee of Rupees Five hundred
to be remitted in the form of Crossed Demand Draft on a nationalised bank in
favour of the Registrar of the Tribunal and payable at the main branch of
that Bank at the station where the seat of the said Tribunal situate.]
|
Rule 7 Fee, time for filing appeal, deposit of amount due on filing
appeal.—
(1) Every appeal filed with the Registrar shall be accompanied by a
fee of two thousand rupees to be remitted in the form of crossed demand draft
on a nationalized bank in favour of the Registrar of the Tribunal and payable
at the main branch of that Bank at the station where the seat of the said
Tribunal is situated
|
No comments:
Post a Comment