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Showing posts from January, 2015

RBI reviews ODI provisions by a proprietorship concern/ unregistered partnership firm in India

RBI reviews ODI provisions by a proprietorship concern/ unregistered partnership firm in India Posted by:  www.onlinelawsolutions.com       Subscribe Email Updates Niddhi Parmar mt@vinodkothari.com   Vinod Kothari & Company Corporate Law Services Group corplaw@vinodkothari.com Copyright: This write up is the property of Vinod Kothari & Company and no part of it can be copied, reproduced or distributed in any manner. The website (www.onlinelawsolutions.com) has published this article on behalf on the author as requested. Disclaimer: This write up is intended to initiate academic debate on a pertinent question. It is not intended to be a professional advice and should not be relied upon for real life facts. Subsequent to amending the FEMA (Transfer or Issue of any Foreign Security) (Amendment) Regulations, 2004 (ODI guidelines) with respect to Overseas Direct Investments by proprietorship concern / unregistered partnership firm in

Registration of Charges

Registration of charge under the Companies Act, 2013 Posted by: www.onlinelawsolutions.com      Subscribe Email Updates Author : Dr. Rajeev Babel ACS, MBS, Ph.D, LLB, AIIB, M.Com, DBM, DFS, DT&D Company Secretary in Practice babelrajeev@gmail.com 1. Meaning of Charge: 1.1. As per the Companies Act: 1.1.1. As per the Companies Act, 2013: Section 2(16) of the Companies Act, 2013, defines, “charge” means an interest or lien created on the property or assets of a company or any of its undertakings or both as security and includes a mortgage. 1.1.2. As per Companies Act, 1956: Section 124 "charge" includes a mortgage. 1.2. As per the Transfer of Property Act, 1882: According to Section 100 of the Transfer of Property Act, 1882, where an immovable property of one person is by act of parties or operation of law made security for the payment of money to another and the transaction does not amount to a mortgage, the latter per