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    Clarification Regarding Body Corporate for the Purpose of Section 226 (3) (A) of the Companies Act, 1956
    Modification in the instruction regarding payment of MCA fees in electronic mode
    Clarification on Applicability of Provisions of Section 108 A to 108 I of the Companies Act, 1956
    Green Initiative in the Corporate Governance -- issue of Certificate by Digital Signature
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    CCI Releases Regulation of Combinations for Corporate Sector
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    May 27, 2011
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    Body corporate status clarified: LLPs of chartered accountants not treated as body corporate for auditor appointment.
    The Ministry of Corporate Affairs clarified that Limited Liability Partnerships of chartered accountants will not be treated as a body corporate for the limited purpose of Section 226(3)(a) of the Companies Act, 1956, and accordingly are not disqualified from appointment as auditors under that provision; a notification has been issued to give effect to this limited exclusion.
    May 27, 2011
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    Electronic payment authorization for investor education fund contributions expanded; larger payments transition to mandatory electronic mode later.
    Authorization permits limited-value contributions to the Investor Education and Protection Fund to be paid electronically via the "Pay Misc. Fee" functionality, including by Official Liquidator offices and ministry employees. For payments above the limited threshold, stakeholders may use electronic mode or paper challan during a transitional period, after which higher-value payments must be made electronically. The change aligns with prior acceptance of limited-value electronic payments for MCA21 services to improve service delivery.
    May 25, 2011
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    Statutory redundancy: repeal of a dependent law removes legal force of linked Companies Act provisions.
    Sections 108A to 108I of the Companies Act, 1956 were linked by Sections 108G and 108H to requirements and expressions under the MRTP Act, 1969; following repeal of the MRTP Act, the Ministry of Corporate Affairs, in consultation with the Ministry of Law & Justice, concluded that those Companies Act provisions have become redundant and have no legal force.
    May 20, 2011
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    Digital signature for corporate certificates enables paperless issuance and replaces manual signed certificates with electronic documents.
    The announcement authorises issuance of Registrar-issued certificates and standard letters in electronic form under the Registrar's digital signature, relying on the legal validity of electronic records to substitute for manual signature and official seal required under Companies Regulation provisions, thereby replacing physical certificates and postal dispatch with digitally signed electronic documents.
    May 20, 2011
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    Electronic participation in general meetings via videoconference permitted, with notice, integrity safeguards, and physical quorum obligations.
    Shareholder participation in general meetings via electronic mode-specifically through a videoconference facility enabling real time audio visual interaction-is permitted when notice discloses availability and access details. The chairman and secretary must safeguard meeting integrity, ensure equipment, prepare minutes, restrict remote attendance to the shareholder or proxy, and manage interrupted communications. Statutory location and quorum requirements continue to apply, requiring physical presence of the chairman and the requisite number of members, while listed companies are advised to provide multi location videoconference connectivity to facilitate wider participation.
    May 11, 2011
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    Regulation of combinations streamlines merger notification, introduces exemptions, simpler form and confidentiality safeguards under new rules.
    Regulation of combinations implements pre merger notification and review from 1 June 2011, defining exempt categories, clarifying required notifications, and providing transitional rules excluding combinations decided before commencement. It permits single notices for interconnected transactions, establishes a simplified Form I with optional Form II and reduced fees, clarifies asset and turnover calculations for thresholds, excludes combinations with insignificant local nexus, and prescribes confidentiality arrangements and procedures for pre merger consultations.

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