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    Press Communique.
    National Voluntary Guidelines on Social, Environmental & Economic Responsibilities of Business Released.
    Special Drive to Clear Pendency of E-Forms Filed with the Registrar of Companies Prior to Implementation of Revised Regulation 17 of the Companies Reg...
    Clarification on Ensuring Corporate Governance and Proper Compliance of Provisions of the Companies Act, 1956 and Rules made there Under.
    MCA'S CLARIFICATION ON DISPUTE BETWEEN SEBI AND SAHARA GROUP OF COMPANIES.
    12 Cases of Wrong E-Filing Detected.
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    CCI Mandated to Make Markets Function for the Consumer and to Ensure Fair and Healthy Competition in the Indian Economy- Dhanendra Kumar.
    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
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    CCI Releases Regulation of Combinations for Corporate Sector
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    Government is Committed to bringing in a fair merger and Acquisition Regime in the Country however mergers that Create Monopolies or Abuse of Dominanc...
    GENERAL CIRCULAR NO. 16/2011-AMALGAMATION OF GOVERNMENT COMPANIES. Simplified Procedure for amalgamation of Government Companies U/s 396 of the Compan...
    General Circular No. 15/2011- Appointment of Cost Auditor by Companies
    Circular 14/2011-Certification of e-forms under the Companies Act,1956 by the Practicing professionals
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July 12, 2011
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Ministerial resignations accepted on executive recommendation, prompting immediate vacancies among cabinet and junior ministers in government.
The President, acting on the Prime Minister's recommendation, accepted seven ministerial resignations with immediate effect, creating vacancies in the Council of Ministers; the communique records that the named cabinet and state ministers cease to hold their portfolios forthwith.
July 8, 2011
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Voluntary business responsibility guidelines expand CSR to social, environmental and economic responsibilities, urging triple bottom-line adoption.
The Ministry released voluntary Guidelines expanding CSR into social, environmental and economic responsibilities, applicable to all business entities and non prescriptive in nature. The Guidelines refine the 2009 CSR Voluntary Guidelines, promote a triple bottom-line approach to align financial performance with societal and environmental expectations, and encourage comprehensive adoption to make business operations sustainable while improving reputation, competitiveness and stakeholder relations.
June 24, 2011
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Reopening of pending e-forms placed Held in Abeyance enables registrar review and requires companies to respond or resubmit.
The Ministry of Corporate Affairs has reclassified e-forms filed before the implementation of the revised Regulation 17 that remained pending (e.g., in RESUB, PUCL) as Held in Abeyance to allow Registrars of Companies to review and clear them; companies must resubmit or furnish clarifications in Form 67 within the stipulated 30 day period and stakeholders should track items on the MCA21 portal and liaise with ROCs to clear pendency.
June 24, 2011
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Filing compliance: Registrars will refuse event-change updates from defaulting companies until balance sheet and annual return are filed.
The Ministry conditions Registrar of Companies' acceptance of any event-based filings on prior compliance: under Circular No.33/2011, the Registrar will not accept oral, written or electronic requests to record event-based information or changes from defaulting companies and their directors who have not filed their Balance Sheet, Profit & Loss Accounts and Annual Return as required under sections 220 and/or 159 of the Companies Act, 1956, until those filings are made.
June 21, 2011
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Disclosure compliance: SEBI's demand triggered interim restraint on fundraising, prompting MCA scrutiny and proposed rule changes
SEBI requested additional information from Sahara Prime City Limited about group companies disclosed in its draft prospectus; on non-compliance SEBI issued an interim show-cause order restraining SIRECL and SHICL from mobilising public funds, a decision now challenged and pending before the High Court. The Ministry of Corporate Affairs stated it cannot intervene, issued a circular to scrutinise private placement documents, and proposed draft Preferential Allotment Rules 2011 requiring greater disclosures and dematerialisation alongside stronger penalties in the Companies Bill.
June 10, 2011
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Professional Certification Liability: Wrong e filing exposes certifying professionals to inquiry, debarment, and disciplinary action under corporate rules.
Regional Directors must inquire into twelve cases where practicing professionals certified e forms that conflicted with company records; such false particulars in public documents constitute neglect of duty amounting to penal action under the Companies Act, 1956 and professional misconduct. On preliminary culpability, professional institutes will be notified to pursue internal proceedings and the professional will be debarred from filing on the MCA portal pending the institute's final enquiry. The electronic filing regime requires professionals to verify records and digitally sign e forms, making them responsible for the integrity of submissions.
June 9, 2011
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Video conferencing for shareholder and director participation: optional initially but later mandatory for listed companies, subject to compliance.
Participation in company meetings under the Companies Act, 1956 via electronic mode is allowed; video conferencing for directors is not mandatory, video conferencing for shareholders is optional during a transitional period and later mandatory for listed companies, and where provided must meet the procedures in Circulars No. 27/2011 and 28/2011 ensuring concurrent, intermediary free communication. E voting is to be provided and supervised only by authorized agencies, presently two depositories, which must obtain STQC certification.
June 2, 2011
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Competition law enforcement and advocacy advancing market functioning for consumer benefit through regulations, investigations and market studies.
The Competition Commission of India is mandated to ensure markets function for consumers by enforcing the Competition Act and promoting competition advocacy. Enforcement has concentrated on Section 3 (anti competitive agreements) and Section 4 (abuse of dominance), with combination provisions recently notified and multiple regulations framed after wide consultation. The Commission has opened investigations, declined cases lacking prima facie merit, granted interim relief, imposed penalties where contraventions were found, and conducted sectoral market studies to inform policy recommendations.
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.
April 21, 2011
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Electronic service of corporate documents: valid where shareholders are offered and register email addresses, otherwise use alternative modes of service.
Service of corporate documents by electronic mode will satisfy Section 53 where the company has given shareholders an advance opportunity to register and update e-mail addresses and has obtained those addresses; absent registration, service must be effected by other modes provided under Section 53, with the Information Technology Act underpinning the legal validity of electronic compliance.
April 21, 2011
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Merger control: regulators will approve efficiency-enhancing combinations but prohibit those creating monopolies or abuse of dominance.
Regulation of combinations will permit mergers that produce efficiencies-such as economies of scale, combined production, integrated procurement and pooled R&D-while scrutinising and challenging transactions that create monopolies or result in abuse of dominance harmful to consumers and small producers; stakeholder consultation and draft merger regulations aim to provide timely clearance for efficiency-enhancing deals and proportionate intervention where competitive harm is likely.
April 20, 2011
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Amalgamation of government companies requires cabinet approval and unanimous member and creditor assent before government notification.
Simplified administrative amalgamation permits government companies to merge by Central Government notification where Cabinet approval is obtained, companies pass general-meeting resolutions with 100% voting power and provide full asset and liability particulars, a thirty-day notice is given to members and creditors, and creditor assent is secured either unanimously or by value with certification; upon submission of resolutions and Cabinet confirmation the Central Government may notify the amalgamation, vesting assets and liabilities in the transferee and causing cancellation of transferor registrations with Registrar strike off.
April 19, 2011
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Appointment of Cost Auditor: revised procedure mandates audit committee oversight and deemed approval unless government objects.
Companies required to maintain cost records must appoint a qualified cost accountant or firm with a valid certificate of practice. The Audit Committee (or Board where applicable) must propose the appointment, confirm absence of statutory disqualifications, and obtain a certificate of the auditor's independence. Companies must e-file the prescribed application with supporting documents; on filing the appointment is deemed approved unless the government directs otherwise within the statutory period, after which the company issues the formal appointment and the auditor must notify the government. Noncompliance attracts prescribed penalties and disclosure in the annual report is required.
April 12, 2011
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Certification of e-forms by professionals creates digital filing responsibility with potential temporary portal debarment during institutional inquiry.
Professionals registered with recognised institutes must digitally certify e-forms filed under the Companies Act, 1956; many submissions will be accepted online without officer approval. Complaints trigger a Regional Director enquiry and opportunity to explain, while the e-Governance Cell notifies the relevant institute to conduct an inquiry; the professional is temporarily debarred from portal submissions pending the institute's report, and MCA will decide further action thereafter.
April 8, 2011
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Easy Exit Scheme: compounding applications for non-filing prosecutions permit administrative strike-off once disposed.
The Ministry authorises accepting EES applications for defunct companies where prosecutions are solely for non-filing if a compounding application is filed or undertaken, with final strike-off only after disposal of the compounding application; it confirms that liabilities and asset distribution remain governed by law. Certificates from practising accountants or company secretaries may be accepted to verify present directors instead of separate director filings, and indemnity bonds and affidavits are required, with foreign nationals and NRIs to notarize as per their country's law.

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