Articles by Ramaswami Kalidas

Definition of "Undertaking" under Section 180(1)(a) of the Companies Act, 2013

Ramaswami Kalidas 18 January 2021 at 14:34

This article examines the appropriateness of the definition of "Undertaking" as per section 180(1) (a) of the Companies Act, 2013 as per the Legal Lexicon and also as per the Judiciary.

Can the Audit Committee comprise of executive directors as its members - A study

Ramaswami Kalidas 17 November 2020 at 11:54

An Audit Committee shall function independently, and should comprise majorly of independent directors with a balance of non-executive and non-independent directors.

Surplus in Profit and Loss account as per the Companies Act, 2013 - The Conundrum around it

Ramaswami Kalidas 10 November 2020 at 11:46

Treatment of Surplus in Profit and Loss account as per the Companies Act, 2013 - Accounting, Difference w.r.t Free Reserves, and Income Tax aspect.

Does Appointment of Auditors to fill up vacancy, form a part of tenure allowed u/s 139(2) of the Companies Act, 2013?

Ramaswami Kalidas 20 October 2020 at 18:08

The Companies Act 2013 has caused a paradigm shift in the manner of appointment and the tenure of appointment of Statutory Auditors for companies belonging to a particular genre. However, does the Appointment of Auditors to fill up vacancy, form a part of tenure allowed u/s 139(2)?

Recommendations made by SEBI on proposed amendments to SEBI (LODR) Regulations, 2015

Ramaswami Kalidas 23 September 2020 at 10:00

Critical analysis of the Consultation Paper submitted by SEBI with regard to recommendations on proposed amendments to SEBI (LODR) Regulations, 2015

Appointment of Key Managerial Personnel under Section 203 of the Companies Act, 2013

Ramaswami Kalidas 09 September 2020 at 14:33

The concept of appointing Key managerial Personnel (KMPs)in the case of certain classes of companies has found a place in the Statute Book for the first time through the insert of Section 203 of the Companies Act(herein after referred to as “The Act”

MCA Notification on Annual Return| When two wrongs do not make a right

Ramaswami Kalidas 02 September 2020 at 15:53

The Ministry of Corporate Affairs has issued on August 28, 2020 two notifications in relation to the enforceability of Section 92(3) of the Companies Act ,2013 (hereinafter referred to as "The Act")in respect to the dissemination of the company's Annual Return

Amendment to Section 161(4) of the Companies Act, 2013 need to be reviewed

Ramaswami Kalidas 19 June 2020 at 10:15

Amendment to Section 161(4) of the Companies Act, 2013 relating to appointment of director to fill up a casual vacancy needs a review

Removal of Auditor and Director- Sec 140 and 169 of Companies Act

Ramaswami Kalidas 15 May 2020 at 12:12

The provisions relating removal of auditor and director are contained respectively under Sections 140 and 169 of the companies Act, 2013 (hereinafter referred to as 'The Act'). While Section 140 corresponds to Section 225 of the previous Act, Section 169 replicates substantially the provisions of Section 284 of the 1956 Act

Analysis of recommendations made by SEBI appointed group for regulating related party transactions

Ramaswami Kalidas 21 February 2020 at 10:07

Critical analysis of the Draft Report of the Working Group on related Party Transactions(RPTs)