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Showing posts from August, 2015

Disclosures to be made in Directors Report

As per the Companies Act, 2013: S.No Section Disclosure in Directors Report 1.         67 Proviso disclosures in respect of voting rights not exercised directly by the employees in respect of shares to which the scheme relates shall be made in the Board's report 2.         92(3) An extract of the annual return in any form as may be prescribed shall form part of the Board’s report 3.         131 detailed reasons for revision of such financial statement or report shall also be disclosed in the Board's report in the relevant financial year in which such revision is being made 4.         134 1.       extract of the annual return 2.       number of meetings of the Board; 3.       Directors’ Responsibility Statement; 4.       statement on declaration given by independent directors under sub-section (6)

The Nestle-Maggi Noodles Case

BOMBAY  ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 1688 OF 2015 M/s Nestle India Limited a Company incorporated under the provisions of the Companies Act, 1956 -Petitioner. Versus 1. The Food Safety and Standards Authority of India- Respondent 1 2. The Chief Executive Officer, The Food Safety and Standards Authority of India -Respondent 2 3. State of Maharashtra, through the Ministry of General Administration Department, Mantralaya, Mumbai -Respondent 3 4. Commissioner of Food Safety, State of Maharashtra, -Respondent 4 Brief Facts The petitioner namely, Nestle India Limited, a food company has instituted a writ petition in the High Court of Mumbai, against the Food Safety and Standard Authority of India (FSSAI) (R1), CEO of FSSAI (R2), the State of Maharashtra (R3) and the Commissioner of Food Safety Maharashtra (R4). The writ is filed for quashing and setting aside of the ban orders passed by R2 on 05/06/2015 due to which the petitioner had

Rights of minority shareholders

Who are minority shareholders? Any shareholder holding a nominal or minimal amount of shares, not sufficient to effect any change is a minority shareholder of a company. As per the Companies Act, 2013, the provisions providing for the right of minority shareholders is as follows:- 1.       Right of shareholder of a private company to vote against entrenchment [1] ; 2.       Right of shareholder to object to amendment in prospectus; right to be given option to exit and exit price as determined by SEBI [2] ; 3.       Right to object to changes in shareholder rights, and apply to the Tribunal for the cancellation of such variation [3] ; 4.       Right to freely transfer shares [4] ; 5.       Right of shareholder to be given notice for any resolution requiring special notice [5] ; 6.       Right of shareholder to appoint a director in a listed company [6] ; 7.       Right to object to a compromise or arrangement made with members or creditors; [7] 8.       Right of