Company Law Ready Reckoner with explanatory note By Ashish Makhija
Company Law Ready Reckoner with explanatory note By Ashish Makhija
Description
“Legislation constantly introduces qualifications and amendments which keep lawyers in business at everybody else’s expense” – Edward De Bono
In a legal world of complicated laws, rules and regulations, we always yearn for simplified understanding. Companies Act, 2013 was legislated with the objective of simplifying the corporate law governing the corporate in India. Not only the compliance managers but the directors – independent, executive and non~ executive – need to understand the legal provisions, howsoever complex they are. With over 150 notifications, circulars, removal of difficulty orders and two amendments already, the 2013 Act has become a complex maze in the corporate regulatory mechanism. The higher penalties and liability for fraud for non compliance’s has made it essential for those charged with governance to understand them. So far, the directors and top management relied upon the secretarial officers for conceptual understanding Non-cOlnpliances of the provisions has serious consequences leading to disqualification of directors under the 2013 Act as was experienced recently. Tile understanding of provisions has to be direct and not incidental. The provisions of the 2013 Act are not only inter-related but dotted with legal jargon. My interaction with directors of top companies at knowledge sessions about their roles and responsibilities led me to conclude that most of the directors with nonlegal background have limited or no knowledge of the ruinous consequences over functioning as directors of the c0111panies. The exemptions, 1110difications, adaptations, amendments through notifications et al act as barriers to the understanding. The wide spread modifications, continuous tweaking of provisions and notification of new rules also pose a problem of aggregation The idea to have a ready reckoner with simplified explanatory notes led to the present work. The Company Law Ready Reckoner does not compromise on the content but at the same time makes the conceptual understanding easier and simplified. The book breaks down the 2013 Act into 100 chapters for ease of understanding. The liberal use of tabular presentation and unique quick notes with a touch of judicial interpretations on important concepts have made this book a must have for all directors, key managerial personnel, practitioners and compliance managers. It is a companion to rely upon. The aggregation of rules, forms and fee applicable in each chapter shuns the need to turn pages to refer