10 THINGS YOU SHOULD KNOW ABOUT THE NEW COMPANIES ACT

The

57-Year-Old law that dictates the destiny of business in India has just undergone a complete overhaul !!

Heres

a 5 minute primer on how it affects you..

CA Hitesh Purohit

IF YOU ARE AN ENTREPRENEUR (OR ASPIRING TO BE)

Start a Dormant Company

Set up 1 person Company Small is Simpler Stay Private with 200 Shareholders

CA Hitesh Purohit

START A DORMANT

COMPANY

Have a Business plan, a bit of funds and some intellectual property but not ready to run a business??......NO SWEAT!!
Register a Company with Dormant Status and the

Company is yours till you get time, money

and motivation to go Activeeee

CA Hitesh Purohit

SET UP 1 PERSON COMPANY

IF YOUR BUSINESS GOES BUST.YOU WONT!
Dont want another shareholder in your company and dont want to set up a sole proprietorship either??
SET UP 1 PERSON COMPANY AND BE ITS ONLY SHAREHOLDER

Your liability would be limited to your investment in the company.

CA Hitesh Purohit

SMALL IS SIMPLER

Regulatory compliance, filing multiple forms, holding shareholders and board meetings, takes lot of time and funds for a small business.
The new law substantially unburdens you if you are a small company with turnover not more than Rs. 2 crore and paid up capital of Rs. 50 lakh.

CA Hitesh Purohit

STAY PRIVATE WITH 200 SHAREHOLDERS

Now enjoy more capital without going Public

The maximum number of shareholders allowed in a private company has been revised to 200 from the earlier limit of 50 shareholders.

CA Hitesh Purohit

IF YOU ARE AN INVESTOR IN STOCKS

Power for Class Action Get out of Dead Investment easily

Claim Dividend..or Loose Shares!...

No Dividend as Preference Shareholder?? Get Voting Rights

CA Hitesh Purohit

POWER OF CLASS ACTION

As a shareholder you dont have to watch haplessly when the company indulges in fraud.
You can now sue the management, auditors, directors& even consultants of the company & seek compensation.

CA Hitesh Purohit

GET OUT OF BAD INVESTMENT EASILY

You invested in a company because you liked its business plan but now, the company is changing that very plan!!
DONT BE STUCK.. The company now has to offer to buy out dissenting shareholders like you. Works Well for illiquid shares.

CA Hitesh Purohit

NO DIVIDEND?? GET VOTING RIGHTS

Preference shares assure dividend to investors, making them safer than equity shares.

If you hold preference shares and the company skips dividend for the two years, you get Voting Rights on issues where your interests are involved.

CA Hitesh Purohit

CLAIM DIVIDEND. OR LOOSE SHARES..

Currently Dividend unclaimed for 7 years is transferred to Investor Education & Protection Funnd.
In future, EVEN SHARES on which dividend remain unclaimed for 7 years will be transferred to the fund. ONE MORE REASON TO OPT FOR ECS.

CA Hitesh Purohit

YOU ARE AN INDEPENDENT DIRECTOR

Test of Independence.

Less harrasement

CA Hitesh Purohit

TEST OF INDEPENDENCE

You cannot be related to the promoters or directors of the company.

You and your relatives together cant have financial interest in that company which exceeds 2% of the companys gross turnover.

CA Hitesh Purohit

LESS HARRASEMENT !!

You cannot be held responsible for petty offences of the company like bouncing of cheques .

You are responsible only for wrongdoings that occurred with your consent or connivance.

CA Hitesh Purohit

CA Hitesh Purohit