What is entrenchment of Articles of Association

ENTRENCHMENT OF ARTICLES OF ASSOCIATION

Articles of Association contains regulations for management of a company. Company can adopt all or any of the regulations contained in the model articles prescribed in Table F, G, H, I & J of schedule 1 of Companies Act, 2013. Further companies can include additional matters in its articles which are necessary for its management.

In order to alter any regulations contained in the articles of association, special resolution should be passed in a general meeting. ( a special resolution means a resolution which requires at lease 3 times the number of votes, if any, cast against the resolution by members)
for example :- Assume 10 members(having 1 share each) were present in a general meeting of company in which a special resolution is to considered for alteration of a clause in the articles of association. If 2 out of 10 members had cast their votes against the resolution, then at least 6 members (3 times of votes cast against the resolution i.e. 3 X 2) shall cast their vote in favor of the resolution to consider it to be duly passed. Continue reading

How to become Tax Consultant in India?

TAX CONSULTANT

Who is a Tax Consultant?

A financial expert with advanced training and knowledge of tax law.(Investopedia)

A tax advisor or tax consultant is a financial expert specially trained in tax law. Individuals usually require tax advisors to minimize taxation, to avoid learning the details of tax law in complicated financial situations themselves, or to learn the details of tax law from a professional advisor(wikipedia)

What are the qualifications required to become a Tax Consultant?

In India, most of the professionals acting as tax consultants are law graduates or persons having professional qualifications. Continue reading

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Resolutions requiring Special Notice

Section 115 of the Companies Act, 2013 requires members to give special notice on certain resolutions/matters prescribed in the act or in articles of association of the company.
Where, by any provision contained in the Act or in the articles of a company, special notice is required of any resolution, notice of the intention to move such resolution shall be given to the company by such number of members holding not less than one per cent of total voting power or holding shares on which such aggregate sum not exceeding five lakh rupees, as may be prescribed, has been paid-up and the company shall give its members notice of the resolution in such manner as may be prescribed.

Following are the matters/resolutions which require special notice by members Continue reading

NCLT and NCLAT – Applicability in CS December 2016 exams

Notifications/Amendments /Changes came into force six months prior to the exams will be applicable for that exam.

National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) were notified by the Ministry of Corporate Affairs vide notification dated 1st June, 2016. Further the NCLT Rules and NCLAT Rules, 2016 were notified by MCA on 21st July, 2016.
In this regard ICSI has issued an announcement Continue reading

How to do Ph.D after CS

ICSI has from time to time, has entered MOU’s with many universities in India, which allows member of the Institute to do various courses in such universities.

Many universities in India has recognized ‘Company Secretary’ course as equivalent to their Post Graduate degree, which make them eligible to do Ph.D programs in specified areas. In other words a member of the ICSI can do Ph.D in a university even if he/she do not have any post graduate degree

What is eligibility to do Ph.D?

Becoming a member of the Institute of Company Secretaries of India, is the primary criteria to do Ph.D. However, many universities have specified Continue reading

Is CS a Degree/Diploma/Post Graduate course?

 

One of the query which students aspiring to join ‘Company Secretary’ course, is regard to the status of the course i.e. whether it is equivalent to diploma or under graduation or post graduation.

 
Before getting to the answer to the query, you may please note that the ‘Company Secretary’ course popularly called CS is conducted by the Institute of Company Secretaries of India (ICSI), which is a premier national professional body, constituted under an Act of Parliament, namely the Company Secretaries Act, 1980.

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Paper-wise exemptions on switch over – CS Professional

As you may aware that last examination under old syllabus (2007) was held in June 2016. From December 2016 onward, students under old syllabus will be required to appear under new syllabus (2012). All students (who are yet to clear all modules after declaration of results on 25.08.2016) under old syllabus will be compulsorily switch-over to new syllabus.

However, corresponding paper wise exemptions will be available to those papers on which a student has already cleared under old syllabus.

List of paper wise exemptions available on switch-over is as follows Continue reading

Last Date for Registration in CS

A student can register for ‘Company Secretary’ course conducted by ICSI at any time and from any place. However, eligibility of students for appearing in the exams are determined on the basis of their date of registration.

In the case of foundation program, a student shall take registration prior to eight months of the date of exams. For Executive and Professional programs, students shall get their registration prior to nine months of the date of exams.
Exams are conducted regularly in the months of June and December of every year.

Due date for each levels are as follows Continue reading

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Applicability of GST in CS December 2016 Exams

‘Did GST is applicable for CS December 2016 exam’ is the query, which this article attempts to answer.

Tax Laws are included in the syllabus of ICSI for ‘Company Secretary’ course at two levels
i.e.

  1. Tax Laws and Practice in Executive level in which Direct Tax constitutes 70 marks and Service and Sales Tax constitutes 30 marks. And
  2. Advanced Tax Laws and Practice in Professional level in which Direct Tax constitutes 30 marks and Indirect Taxes constitute 70 marks.

GST is particularly important for CS students as it replace a major area of Advanced Tax Laws and Practice of Professional level and small area in Tax Laws and Practice of Executive level.

In a nutshell it replaces the Indirect Tax Laws of both subjects.

When it comes to the topic, Continue reading

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Company Secretary Course – Syllabus

‘Company Secretary’ course conducted by ICSI is a three level program which starts from foundation level -> executive level -> professional level. Those who are graduates (except fine arts) can directly register for executive level.
Subjects and detailed syllabus of each level are mentioned below for your quick reference

FOUNDATION PROGRAM

Foundation program consist of four subjects each carrying 100 marks. Foundation exams are computer based exams.
PAPER 1: BUSINESS ENVIRONMENT AND ENTREPRENEURSHIP
Part A: Business Environment (30 MARKS)

  • Business Environment
  • Forms of Business Organization
  • Scales of Business
  • Emerging Trends in Business
  • Business Functions

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