Embarking on a corporate journey in India? Here are ten key points about the #CompanyLaw that you should know.
1️⃣ Types of Companies: Companies can be classified as Private Limited, Public Limited, One Person Company, or Section 8 Non-Profit. Each has unique rules and privileges.
2️⃣ Incorporation: Companies are incorporated under the Ministry of Corporate Affairs using the SPICe form. It involves getting a Digital Signature Certificate, Director Identification Number, and company name approval.
3️⃣ Governance: The Board of Directors, elected by shareholders, handle the company’s management as per the Articles of Association.
4️⃣ Share Capital: Companies raise funds by issuing equity (voting rights) or preference shares (preferential rights in dividend payment).
5️⃣ Meetings: Regular board meetings and Annual General Meetings (AGMs) are integral for making decisions via ordinary or special resolutions.
6️⃣ Financial Reporting and Audits: Financial statements and annual returns must be filed with the MCA. Companies must also get their accounts audited annually.
7️⃣ CSR: Companies with specific net worth or turnover or net profit must allocate at least 2% of their average net profits for CSR activities.
8️⃣ Directors and KMP: Companies require a minimum number of directors and certain classes of companies need to appoint Key Managerial Personnel (KMP).
9️⃣ RPT: Transactions between the company and its directors, KMP, or relatives are considered Related Party Transactions and require certain approvals.
🔟 Winding Up: Winding up can be voluntary by shareholders or by tribunal order, which includes clearing all debts and distributing remaining assets.
These points lay the groundwork for understanding India’s #CompaniesAct. For detailed insights, refer to the Companies Act, 2013, and its amendments.