Ministry of Corporate Affairs (MCA) and Companies Act 2013

The Ministry of Corporate Affairs (MCA) is primarily concerned with administration of the principal legislation governing Companies in India, i.e. the Companies Act 2013 (the Act) and the Companies Act 1956.

The Act consolidates and amends the law relating to Companies, and for that purpose has substantially replaced its predecessor, the Companies Act 1956 (some provisions may still be in force at the relevant date until amendment/replacement via notification). Through the relevant provisions of the Act, new concepts, investigative and adjudicatory bodies have also been introduced, some of them are —

  • One Person Companies (OPC)
  • Corporate Social Responsibility (CSR)
  • Appointment of Women Directors
  • Class Action
  • Dormant Company
  • Serious Fraud Investigation Office (SFIO)
  • National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT)

 

Focus and Specialisation

Private Limited Company

The Ministry of Corporate Affairs (MCA) has recently introduced ‘Simplified Proforma for Incorporating Company Electronically’ (SPICe) to simplify and speed up the Company incorporation/registration (subject to some exceptions and conditions) process through an online application eForm INC – 32, in addition to the Memorandum of Association (eForm INC – 33) and Article of Association (eForm INC – 34).

> Register/Incorporate a ‘Private Limited Company’


Limited Liability Partnership (LLP)

Limited Liability Partnership (LLP) is a hybrid form of ‘Partnership’ entity which incorporates the ‘limited liability’ benefit of a Company along with reduced compliance obligations, relatively less complex structure and flexibility of a ‘Partnership’ (subject to the Indian Partnership Act 1932) entity in general.

> Register/Incorporate a LLP


Other Business/Professional Entities

  • One Person Company (OPC)
  • Wholly Owned Subsidiary (WOS)
  • Joint Venture Company
  • Small Company/MSME
  • Private (Business/Commercial) Trust
  • Registered Society/Co-operative Society
  • Non-Banking Financial Company (NBFC)

 

Get Professional Help – Register/Incorporate a Private Limited Company, LLP etc.

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The Companies Act 2013 (the Act) i.e. the principal legislation for Companies in India, requires every Company registered/incorporated in India to have a Board of Directors (the Board), consisting of individuals as Directors appointed to the Board. Subject to the provisions of the Act including ‘duties’ prescribed therein, a Director of a Company has to act in accordance with the Articles of Association (the Articles) of the concerned Company.

> Read more about ‘Directors’

 

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The Companies Act 2013 (the Act) via section 455 enables a Company formed and registered for a future project or to hold an asset or intellectual property and having no significant accounting transaction, or an ‘Inactive Company’, to make an application to the Registrar of Companies (ROC) for obtaining the status of a ‘Dormant Company’.

> Read more about ‘Dormant Company’

 

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The Companies Act 2013 (the Act) imposes penalties on Companies registered under the Act and/or Officers of such Companies in default for non-compliance or default under the relevant provisions of the Act. Penalties so imposed require the payment of monetary sums by the person/Company in default in accordance with the relevant Rules and may differ in quantum, payment schedule etc. depending on the particular penalty imposed as prescribed under the said relevant provision(s) of the Act infringed.

> Read more about ‘Penalty and RD Appeal’

 

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In addition to the Act, the MCA also administers the following important legislations —

 

MinusTax Professionals and e-Help

MinusTax network of independent professionals* specialise in Taxation, Company Law and Revenue matters, undertake ethical, transparent and professional practices. MinusTax Professional’s specialised services as provided under the Companies Act 2013 and the Companies Act 1956, and the other above mentioned laws also administered by the Ministry of Corporate Affairs (MCA) have also been briefly mentioned below.

MinusTax’ Legal, Company Law and Taxation professionals via the e-medium (i.e. email, skype, whatsapp etc) provide the complete spectrum of services which include the following —

  • Strategic advisory, registration/incorporation, compliance services
  • Drafting and filing legal documents/applications/e-forms etc.
  • Professionally drafting and filing a (Show Cause) Notice reply/objections before the relevant authority
  • Drafting and filing legal appeal petition before the NCLT/NCLAT
  • Legal representation and litigation support before the relevant Companies Act and Economic/Criminal offences Authorities (Special Courts/MM/NCLT/NCLAT/High Court) (option)
  • Drafting and filing a Writ Petition (where appropriate) and legal representation before the jurisdictional High Court (in its Writ jurisdiction)


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Administrative Help

For administrative assistance and general queries, please feel free to contact via —
Telephone: +91 8800 38 1950
Email: contact@minustax.com

Alternatively, please contact for an appointment and visit our representational office in DLF Phase IV, Gurgaon (click for Google Map directions).

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