Corporate Law and Secretarial
Etymology of the word “Company”
The word “Company” is a combination of the Latin word “Com” which means coming together and “pains” which means bread. In short it is a coming together of people to share their meals.”
In modern law, a company is an artificial legal entity that undertakes a business venture for the benefit of its stakeholders.
As a legal entity, the company is governed by law, right from the womb to the tomb. It requires expert advice so the entrepreneurs can focus on their business leaving compliances in the hands of experts. The Companies Act, 2013 mandates that companies having a paid up capital of Rs. 10 crores or more should have a Whole Time Company Secretary. Most Micro, Small and Medium Enterprises depends on expert advice of Company Secretaries in practice to assist in compliance of companies act and maintenance of their secretarial records .
Our Expert Services includes
- Formation of various kind of entities like Private, Public, Nidhi, Producer company, LLPs, Trust or Section 8 Company for Non-Profit Organization.
- Setting up branch office, liaison office or project office in India and setting up subsidiary or joint venture abroad.
- Drafting of JV Agreement, Collaboration Agreement, Share Purchase & Share Holders Agreements.
- Board process and compliances for meeting of Board, Committees of Board and shareholders.
- Assisting for conducting of general meeting, e-voting, postal ballot and act as Scrutinizers for voting.
- Maintenance of all Secretarial Records for any kind of entity like Company , LLP or Trust.
- Drafting of various Policies like Risk Management , Whistle Blower, Free Work Place, Related Party, Compensation Policy , HR Policy etc
- Event based compliances like for change of name, change of registered office, change in Directors & KMPs, Change in Auditors.
- Conversion of Company to LLP or vice versa, conversion of any other entity into company under Chapter XXI of the Companies Act 2013.
- Matters relating to Increase in Authorized/ Issued/ Subscribed Share Capital of the Company, Initial Public Offering (IPO), further issue of Securities by Right Issue or Private Placement.
- Matters relating to creation, modification and satisfaction of charges and mortgage for any kind of borrowings including public deposits.
- Closure of the Company by transfer of business, merger, strike off or winding up as per law.
- Restructuring of business and entity , for more details please go to section Restructuring.
- Advising of Corporate Social Responsibility of the Company.
- Registration and protection of Trade Marks, Copyrights and other Intellectual Proprietary Rights (IPRs), for more details please go to Section IPR .
- Drafting, implementing and assisting in policies and program for employee retention like Employees Stock Option Scheme/Plan and Sweat Equity.
- Audit and certification services includes audit of Annual Return, compliances of Companies Act, Transfer of unpaid dividend to Investor Education Protection Fund (IEPF), legal due diligence and audit of specifically applicable laws to the company.
- Audit, certification and filing of all returns , forms and documents under the Companies Act, 2013 with the Ministry of Corporate Affairs (MCA-21).
- Making application for obtaining approval of Central Government including Registrar of Companies and Regional Director under various provision of the Companies Act, 2013.
- Dispute Resolution and Arbitration / Mediation proceedings.
- Drafting and filing of Application/ Petition before the National Company Law Tribunal (NCLT), Trust office ( Charity Commissioner office) and appearance before NCLT and Charity Commissioner in the matter of the Companies Act, 2013, various Trust Act, and Insolvency and Bankruptcy Code , 2016 (IBC).
- Compounding of offence and making application for the same before the Central Government and Appearance in the matter.
- Monthly new letter to update our clients on various issues related to Company Law, FEMA, Securities Law and Insolvency Law.