- Under
Companies Act, even a company or LLP can be a subscriber, as it is a
'person'. 'Government of India' can be a 'subscriber'. However, a
partnership firm or HUF cannot be a 'subscriber’.
- A
shareholder is not a 'member' unless his name is entered in the register
of members.
- Appointment
of auditor is till conclusion of next AGM. Thus, his appointment as
auditor continues till the adjourned meeting is concluded.
- DIN
cannot be cancelled or deactivated resorting to Section 164(2)
- Amount receivable towards subscription
money from the subscribers under section 10A of the Companies Act is not
called as Share Application Money
- Delay
in registration of charge can be condoned by applying through section 460
of the Companies Act
- Absence
of quorum within half an hour of AGM scheduled time leads to automatic
adjournment by operation of law
- While
the company is under winding up under the Companies Act, the suits are
stayed by virtue of Section 279
- Neither
the internal auditor nor the company are required to file internal audit
report to ROC, but such audit report is subject to peer review (where
applicable) & the statutory auditors have to comply with the Auditing
Standards not only because of the Companies Act but also for the Chartered
Accountants Act
- Under Ind AS:
- though
there is no classification for extraordinary items but classification for
exceptional items is permissible
- there is no classification of investments
into long term investments and current investments
- there
is no need for discounting liabilities repayable on demand but still 12 months ECL may be requires to
be provided.
- leases have to be distinguished from licenses.
- hedge
accounting is not mandatory.
- disaggregated
revenue has to be disclosed.
- reportable
segments need evaluating operating segments as a prerequisite.
- investment
property requires disclosures about its fair value despite being measured
and recognized at cost
- Stamp
papers don’t have a validity of 6 months. As per section 54 of the Indian
Stamp Act, 1899, an unused stamp paper which is not spoiled or rendered
unfit for use and for which there is no immediate use, can be returned and
refund obtained. Thus, this section doesn’t concern itself with validity
of stamp paper but rather with the refund for unused stamp papers.
Employment Bond is not valid in India. Section 27 of Indian Contract Act says "Agreement in restraint of trade, void.—Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void. The employment bond can only be valid to a certain extent. The company has the right to recover training & recruitment expenses from an employee if he resigns from his position before an agreed period of time. Only that part can be recovered from employee that too the company will have to give a proper bifurcation of the expenses and will have to prove it in court that they have genuinely incurred such expenses.Rest all the one-sided clauses, unreasonable amount of compensation & damages etc. nnot be recovered from an employee on the basis of employment bond in India
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