December 2023

Section 245 – The Insolvency and Bankruptcy Code, 2016

Amendment of Act 9 of 1932 The Indian Partnership Act, 1932 shall be amended in the manner specified in the First Schedule. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company …

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Section 244 – The Insolvency and Bankruptcy Code, 2016

Transitional provisions (1) Until the Board is constituted or a financial sector regulator is designated under section 195, as the case may be, the powers and functions of the Board or such designated financial sector regulator, including its power to make regulations, shall be exercised by the Central Government. (2) Without prejudice to the generality of the power under sub-section (1), the Central Government …

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Section 243 – The Insolvency and Bankruptcy Code, 2016

Repeal of certain enactments and savings. (1) The Presidency Towns Insolvency Act, 1909 (3 of 1909) and the Provincial Insolvency Act, 1920 (5 of 1920) are hereby repealed. (2) Notwithstanding the repeal under sub-sections (1) – (i) all proceedings pending under and relating to the Presidency Towns Insolvency Act 1909, and the Provincial Insolvency Act …

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Section 242 – The Insolvency and Bankruptcy Code, 2016

Power to remove difficulties (1) If any difficulty arises in giving effect to the provisions of this Code, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Code as may appear to be necessary for removing the difficulty: Provided that no order shall …

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MSME Registration

India’s Gross Domestic Product (GDP) benefits significantly from the substantial contributions of micro, small, and medium-sized enterprises (MSMEs). These enterprises employ over 110 million people. However, MSMEs encounter challenges and obstacles in their journey of growth and expansion. To address and support these MSMEs, the Indian government initiated a significant step on May 13, 2020, by …

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Functions of a Company Secretary

Members of self-governing professions are required to assume legal and ethical responsibility for their work, as well as to prioritize the public and societal interests. One of the most significant components of the profession is keeping stringent ethical and moral convictions while sticking to high standards of behavior. The Company Secretary (abbreviated “CS”), who is …

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Section 241 – The Insolvency and Bankruptcy Code, 2016

Rules and Regulations to be laid before Parliament Every rule and every regulation made under this Code shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in …

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Section 240A – The Insolvency and Bankruptcy Code, 2016

Application of this Code to micro, small and medium enterprises. (1) Notwithstanding anything to the contrary contained in this Code, the provisions of clauses (c) and (h) of section 29A shall not apply to the resolution applicant in respect of corporate insolvency resolution process 2[or pre-packaged insolvency resolution process] of any micro, small and medium enterprises. (2) Subject to sub-section …

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Section 240 – The Insolvency and Bankruptcy Code, 2016

Power to make regulations (1) The Board may, by notification, make regulations consistent with this Code and the rules made thereunder, to carry out the provisions of this Code. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: — (a) the form and the manner …

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Section 239 – The Insolvency and Bankruptcy Code, 2016

Power to make rules (1) The Central Government may, by notification, make rules for carrying out the provisions of this Code. (2) Without prejudice to the generality of the provisions of sub-section (1), the Central Government may make rules for any of the following matters, namely: — (a) any other instrument which shall be a financial product under …

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