Company Law Matters
Home - Company Law Matters
The business association law which is commonly known as Company law is established to govern the activities of companies and other business organizations. It covers corporations, partnership and various other organizations whose nature of work is economic or non-profit activities. We at Counsellor guide individuals in the matters of Company Law, who are looking forward to setting up their business. We assist them in registration and other legal formalities related to the same.
A company can be registered under various kinds example corporative, corporation, private limited, limited liability are to name a few. The larger form of the commonly are commonly known as publicly listed on the stock exchange. Our team of experts will guide in what category your business falls into. Also, it will help you in registering the same category. We look after all the establishment formalities and other statutory compliances which are to be followed for the smooth running of an organization.
Our advisory services aim to ensure strict compliance with relevant regulation while ensuring that the business needs of the clients are addressed in an optimum manner
Company Legal Compliance is now viewed as a separate service because of its complexity and because it is quite time consuming. We help firms interpret and comply with the rules and regulations in order for them to continue to operate in their chosen sectors. There are many sections of the Companies Act where we are in a position to provide guidance and/or assistance with interpretation pertaining to Company Law Consultancy Services offered by us include.
- Company formation
- Winding up of Company
- Company secretarial matters such as the necessary companies House filings
- Accounting matters such as statutory disclosures, deadlines and exemptions
- Matters affecting share capital and distributions
- Statutory provisions relating to various meetings like Board Meetings, Statutory Meetings
- Seeking Licenses and Approvals for start-up
- Capital Raising Transactions and Support Services
- Represent to Ministry of Corporate Affairs & SEBI
- Petitions to Company Law Board
- Company Law Compliance and Appeals
- SEBI Regulations and Compliance
- Advise on BIFR and Company Law Board
Assistance in coordinating with Lawyers.
Procedure for filing petition :
- Subject to the provision of regulations 35 and 37, a petition to the Bench shall be prepared in Form No.1 in Annexure II and presented by the petitioner in person or through authorized representative to the office of the Bench or be sent by registered post with acknowledgment due addressed to the Secretary or Bench Officer of the Bench concerned, as the case may be.
- The petitioner shall serve a copy of the petition, reference or application on the respondent or respondents, as the case may be, and produced evidence of such service.
- Provided that where the number of respondents is more than five, Secretary or Bench Officer may permit the petitioner to file extra copies of the petition at the time of issue of notice to the respondents.
- The petitioner shall serve a copy of the reference or petition other than a petition, under sections 49, 79, 80A, (111, 111A), 113, 118, 144, 163, 188, 196, 219, 225, 284, 304 and 307 of the Act, upon the concerned Registrar of Companies, having jurisdiction over the company and shall attach to and present with his petition, reference an acknowledgment from the office of the Registrar of Companies receiving a copy of the petition, reference, so served.
Provided that, in the case of a petition under section 17 by a company licensed under section 25 of the Act, the copy of the petition shall also be served upon the Regional Director:
Provided further that, in case of a petition or complaint under section 235, 237, 250, 397, 398, 408 and 409 of the Act, a copy thereof shall also be served upon the Central Government.
- Notwithstanding anything contained in sub-regulations (1)to (2), the Bench may permit more than one person to join together and file a single petition if it is satisfied, having regard to the cause of action and the nature of relief prayed for, that they have a common interest in the matter.
- Such permission shall be granted where the joining of the petitioners by a single petition is specifically permitted by the Act.
- Every petition, other than an application under (sub-section (9)of section 58A of the Act or under sub-section (2)of section 45QA of the Reserve Bank of India Act, 1934 (2 of 1934),)shall be accompanied by an affidavit verifying the same and shall be drawn up in the first person and shall state the full name, age, occupation and complete residential address of the deponent and shall be signed by the deponent and sworn before the person specified in section 558 of the Act.
- Where the deponent is not personally is not personally known to the person before whom the affidavit under sub-regulation (5)is sworn, he shall be identified by a person who is known to the person before whom the affidavit is sworn.
- Every affidavit under sub-regulation (5)shall clearly and separately indicate the statements which are true to the-
- Knowledge of the deponent;
- Information received by the deponent;
- Belief of the deponent; and
- Information based on legal advice.
- Where the statement referred to in sub-regulation (7)is stated to be true to the information received by the deponent, the affidavit shall also include the name and complete residential address of the person from whom the information has been received by the deponent and whether the deponent believes that information to be true.






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