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    Ministry of Corporate Affairs issues fresh notifications wherein, the Central Government intends to provide clarity on the applicability of the thresh...
    Shri Arjun Ram Meghwal, MOS (Finance &Corporate Affairs): Insolvency and Bankruptcy Code, 2016 is a key economic reform that will facilitate ease of d...
    Indian Institute of Corporate Affairs (IICA) organises two day Colloquium on Insolvency and Bankruptcy Laws and Procedure for NCLT
    Investors Awareness Programmes (IAPs)
    Implementation on Insolvency and Bankruptcy Code, 2016 (IBC)
    Improved monitoring of implementation of Corporate Social Responsibility (CSR) policies by companies
    Sweat Equity for Start-Ups
    Anti-Cartelization
    Expenditure on Serious Fraud Investigation Office (SFIO)
    Cabinet approves of proposal to establish a Fund of Fund for Start-ups (FFS)
    Union Minister of Finance Shri Arun Jaitley will address the 23rd Conference of Auditors General of Commonwealth Countries and British Overseas Territ...
    Amendment in Companies Act
    Easy registration of Companies
    Early warning System of Frauds
    Redressal of Investors Grievances
    Appointment of Directors
    CSR by companies
    Corporate Governance
    Corporate Growth
    The Insolvency and Bankruptcy Board of India (IBBI) recognises two Insolvency Professional Entities (IPEs) under the Insolvency and Bankruptcy Code, 2...
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    News
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    March 30, 2017
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    Threshold exemption applicability clarified for all combination types; target-segment assets and turnover calculated on attributable portion.
    The Central Government clarified that threshold exemptions apply to all forms of combinations under Section 5, and that where only a portion, segment or business is combined, relevant assets and turnover must be calculated by reference to the attributable portion of the target rather than the transferor's total assets and turnover, so combinations within the thresholds need not be filed with the Competition Commission.
    March 30, 2017
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    Insolvency reform: market-determined, time-bound insolvency resolution under a regulator-led framework strengthening process governance.
    The Insolvency and Bankruptcy Code, 2016 creates a market-determined, time-bound mechanism for insolvency resolution and exit, with the IBBI responsible for regulating transaction processes, registering and supervising service providers, enforcing compliance (surveillance, investigation, grievance redressal and adjudication), and promoting professional development. The IBBI has issued five principal regulations covering professional governance, insolvency professionals, corporate resolution process and liquidation, established institutional wings for its functions, registered insolvency professional agencies and entities, and commenced transactional operations under the Code.
    March 29, 2017
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    Insolvency and Bankruptcy Code enforcement emphasises tribunal and professional roles to strengthen implementation and ease of doing business
    Enforcement of the Insolvency and Bankruptcy Code was the focal issue at a two day colloquium convening adjudicatory members and appellate representatives to discuss the role of tribunals and insolvency professionals, IBBI's regulatory oversight, practical enforcement tools, procedural challenges, and questions likely to arise in adjudication affecting transactional certainty and ease of doing business.
    March 25, 2017
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    Investor Awareness Programmes educate investors on fraudulent schemes through multi institute delivery funded by IEPF and rural outreach.
    The Ministry of Corporate Affairs administers Investor Awareness Programmes (IAPs) with three professional institutes and via Common Service Centres for rural outreach, delivering sessions in Hindi, English and vernacular languages to warn investors about fraudulent schemes and enable informed decisions. Programme counts for 2014-15 through 2016-17 are reported by institute and in total. Funding is provided from the Investor Education and Protection Fund (IEPF), with annual allocations and utilizations reported for 2013-14 through 2016-17.
    March 25, 2017
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    Voluntary liquidation regulations open for public comment, advancing finalisation of related IBC governance and insolvency rules.
    Draft regulations for voluntary liquidation under the Insolvency and Bankruptcy Code have been opened for public comment to finalise procedural and regulatory requirements; working group recommendations on IBC design, insolvency professionals, professional agencies, liquidation procedures and Information Utilities have been received and informed subsequent notifications of rules and internal regulator regulations.
    March 24, 2017
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    Corporate Social Responsibility monitoring: Board-level oversight affirmed; Ministry proposed amendments and guidance to strengthen compliance.
    A High Level Committee recommended that monitoring of CSR initiatives be managed by companies through the Board and CSR Committee, with government refraining from engaging external experts to supervise CSR expenditure. The Committee's report was published publicly. The Ministry responded by proposing amendments to the statutory CSR provisions in the Companies Amendment Bill, issuing FAQs to clarify compliance, and establishing an Annual National CSR Award to promote quality implementation.
    March 24, 2017
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    Sweat equity issuance by startups permitted under amended rules with capped share percentage and limited post-incorporation period.
    Amendment permits sweat equity issuance by companies qualifying as startups under the government notification, allowing a startup to issue sweat equity shares up to a prescribed proportion of its paid-up capital within a limited period from incorporation or registration, linking eligibility to the startup definition and conditioning issuance on both a capital ceiling and a post-incorporation timeframe.
    March 24, 2017
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    Cartelization: coordinated price and production control by cement firms led to enforcement action and monetary penalties.
    The Competition Commission found cement firms and their industry association exchanged price and operational data and acted concertedly to fix prices and restrict production and supply, constituting cartelization in breach of the prohibition on anti competitive horizontal agreements. The Commission imposed monetary penalties on the companies and the association, directed deposit within a fixed period, and noted that the parties have challenged the order before the appellate tribunal.
    March 24, 2017
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    SFIO expenditure reported: annual spending disclosed for recent financial years in parliamentary reply by minister.
    Annual expenditure on the Serious Fraud Investigation Office (SFIO) was disclosed in a parliamentary reply: the Minister reported year by year spending for four recent financial years, providing specific outlays for each year and thereby effecting a formal public expenditure disclosure and ministerial statement enabling legislative oversight of SFIO funding.
    March 23, 2017
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    Fund of Funds contribution rules require AIFs to co invest and permit limited reimbursement of AIF operating expenses.
    The Cabinet approved operational refinements to the Fund of Funds for Start-ups (FFS) requiring AIFs to invest at least twice the FFS contribution in qualifying start-ups; allowed remaining committed funding to be released even if a start-up ceases to qualify before full disbursement; and authorised reimbursement from FFS of post commitment operating expenses for due diligence and related activities, capped at 0.50% of commitments and debited semiannually.
    March 21, 2017
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    Capacity development in public audit promotes international partnerships, technology-driven audits and strengthened environment-focused oversight.
    Fostering international partnerships to strengthen public audit capacity is the central objective, focusing on adoption of technology and data analytics in audit practice and advancing environment audit perspectives. Capacity building mechanisms include thematic sessions on Leveraging Technology in Public Audit and Environment Audit led by peer SAIs, technical assistance on information system audits, and specialised international training centres for disseminating these competencies.
    March 17, 2017
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    Incorporation requirements: Bill proposes replacing affidavits with declarations and updating name and memorandum rules, pending amendment.
    Proposed amendments revise incorporation procedures by changing name reservation rules, modifying memorandum content requirements, and replacing the affidavit requirement with a declaration; these changes are contained in a pending amendment Bill that has undergone committee review and will receive further official amendments before parliamentary consideration.
    March 17, 2017
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    Declarations and professional certification secure company incorporation, with false statements subject to penal consequences under the Companies Act.
    Central Registration Centre processes name availability and incorporation applications promptly when compliant; authenticity requires a practising professional's declaration and certification plus a declaration by the person named as director/manager/secretary confirming fulfilment of registration requirements; false statements in these declarations attract penal consequences under the Companies Act.
    March 17, 2017
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    Early Warning System for corporate fraud to generate alerts and enhance enforcement against corporate misconduct.
    Development of an Early Warning System is underway to detect corporate fraud and strengthen investigatory capacity; a consulting agency is designing an iterative conceptual framework to generate automated alerts once stabilised, intended to improve timely identification and response to corporate misconduct and support investigations initiated by the Ministry in response to complaints and allegations.
    March 17, 2017
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    Investor grievance redressal: trading is not immediately suspended on complaint; complaints are processed and many are resolved.
    Redressal of investor grievances describes enforcement actions initiated against companies for investor complaints and reports complaint volumes and resolution counts. It clarifies that trading of a scrip is not automatically suspended upon receipt of a complaint alleging non-payment of dues by a listed company; complaints are processed and a substantial portion are resolved without immediate market suspension.
    March 11, 2017
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    Appointment of non-official directors: Search Committee recommendations guide selections with administrative ministry approval and vacancy filling.
    Appointment of non-official Directors to CPSE and PSB boards is driven by Search Committee recommendations; CPSE appointments proceed after administrative Ministries submit proposals and competent authority approval, while PSB appointments follow periodic Search Committee recommendations to fill vacancies.
    March 11, 2017
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    Corporate Social Responsibility compliance: show-cause notices issued for non-compliance under Companies Act, first-year implementation highlighted by assessment
    Non-compliance with CSR obligations under Section 135 read with Section 134(3)(o) led to show-cause notices to 1,018 companies for 2014-15. Government assessment compiled CSR expenditure for 7,334 companies (2014-15) and 5,097 companies (2015-16), with separate tallies for public sector undertakings and private companies and an overall increase in reported CSR outlays; workshops and seminars were organised to aid implementation.
    March 10, 2017
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    Serious fraud investigations prompt prosecutions and adequately affirm that existing statutes address political-corporate nexus.
    The Ministry directed the Serious Fraud Investigation Office to investigate 338 companies across a three year period, with SFIO filing a total of 208 prosecutions; the Ministry noted reports of a nexus among politicians, bureaucrats and corporate houses and asserted that existing statutes provide adequate provisions to address such conduct through investigation and prosecution.
    March 10, 2017
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    Insolvency jurisdiction expanded under new code assigning adjudicative authority to specialized benches, reshaping corporate dispute resolution mechanisms.
    The Indian Institute of Corporate Affairs was established to support corporate growth and regulation through capacity building and knowledge management. The Companies Act, 2013 strengthens corporate governance and provides for dispute resolution including mediation; specialized tribunals were notified to exercise statutory powers, and the Insolvency & Bankruptcy Code, 2016 confers on designated benches the jurisdiction and powers of an adjudicating authority under Part II.
    March 6, 2017
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    Insolvency Professional Entities recognition enables firms with majority registered insolvency professionals to undertake insolvency services under the Code.
    A limited liability partnership, registered partnership firm or company may be recognised as an Insolvency Professional Entity where a majority of partners or a majority of whole-time directors are registered as insolvency professionals. An IPE is jointly and severally liable for acts or omissions of its partners or directors committed during such partnership or directorship. Insolvency professionals are registered and regulated, may engage other professionals, and may use organisational resources of an IPE for servicing insolvency transactions.

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