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Waiver of rights under contract such as debenture trust deed cannot be implied if agreement explicitly requires such waiver to be in writing: SC (See 'Legal Desk') IBC - Manner in which bank classifies loan as non-performing asset for accounting or provisioning purposes does not determine IBC, if debt was restructured and acknowledged in fresh agreements: SC (See 'Legal Desk') IBC - corporate restructuring under IBC must be prioritized over stalled and ineffective proceedings under Companies Act to protect public funds and larger economic interest: SC (See 'Legal Desk') IBC - NCLT can't Reject Sec 7 application citing corporate debtor's financial health, once twin requirements of debt & default are established: SC LB (See 'Legal Desk') Misc - civil suit cannot be rejected at threshold under Order VII Rule 11 of CPC merely because it contains ground of coercion, undue influence or misrepresentation: SC (See 'Legal Desk') NI Act - Sec 138 of Negotiable Instruments Act pertaining to cheque dishonor apply only when payment fails because of lack of funds: HC (See 'Legal Desk') SEBI - Principles of natural justice required disclosure of the names and basic details of the complainants, as the adjudication would entail civil consequences: SAT (See 'Legal Desk') India, Kenya hold Working Group Meeting on Agriculture through Virtual Mode (See 'Corp Brief') NIFTEM-K to organise Global Platform with Participation from 25 Countries (See 'Corp Brief') IBC - Moratorium u/s 14 of IBC is intended to preserve debtor's estate from creditor actions aimed at debt recovery, but does not interdict sovereign proceedings in rem for attachment or confiscation under Benami Act: SC (See 'Legal Desk') ESIC commences 75th Foundation Year Celebrations (See 'Corp Brief') Misc - Telecom operator is liable to pay reserve price fixed for November 2012, 2G spectrum auction from February 2, 2012, date on which its licence stood quashed: SC (See 'Legal Desk') Stakeholder Consultation held for inputs on proposed Advanced Manufacturing Systems Mission (See 'Corp Brief') IPR - Registration of Device Mark is to be considered as whole and while determining deceptive similarity with another Trade Mark: HC (See 'Legal Desk') Biotechnology will power next industrial revolution: MoS (See 'Corp Brief') IPR - Trademark could not be removed simply for non-use: HC (See 'Legal Desk') Union Minister inaugurates Special Handloom Expo (See 'Corp Brief') India, Brazil sign TKDL Access Agreement for protection of Patent (See 'Corp Brief') Memorandum of Cooperation signed between Digital Bharat Nidhi and AP (See 'Corp Brief') IPR - Registered mark is liable to be removed if not used for continuous period of five years & three months prior to filing of petition, unless special circumstances are shown: HC (See 'Legal Desk') Footwear Design and Development Institute celebrates 5th Convocation Ceremony (See 'Corp Brief') 96% houses under PMAY-U 2.0 allotted for women (See 'Corp Brief') SEBI - Adjudication proceedings are nullified where the noticee has ceased to exist on account of being struck off the RoC: SEBI (See 'Legal Desk') India-Brazil MoU signed to Deepen MSME Cooperation (See 'Corp Brief') IFSCA-IICA unveil Strategic Roadmap to institutionalize Corporate Governance Ecosystem at GIFT-IFSC (See 'Corp Brief') Grant support extended to 5 Innovators under CSR-backed Programme (See 'Corp Brief') Misc - 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Relaxations provided to Companies to combat COVID-19

Published: Sep 15, 2020

By TIOLCORPLAWS News Service

NEW DELHI, SEPT 15, 2020: The Ministry of Corporate Affairs has taken steps to provide several incentives/ relaxation/concession during Lockdown period so as to reduce the burden of companies/LLPs during COVID-19. This was stated by Mr Anurag Singh Thakur, Union Minister of State for Finance & Corporate Affairs, in response to a written question in the Lok Sabha today.

Enumerating the steps, Mr Thakur stated the following:

  • Introducing Companies Fresh Start Scheme 2020 (CFSS) vide General Circular 12/2020 dated 30.03.2020 to enable companies to file documents without additional fees, grating immunity from prosecutions proceeding, etc.
  • Introducing LLP Settlement Scheme, 2020 providing similar benefits as CFSS 2020 for the benefits of LLPs.
  • Introducing Special Provisions for enabling conduct of Board and General Meetings through Video conferences by Corporates vide General Circular No 14/2020.
  • Introducing Special provisions for filings under section 124 &125 r/w IEPFA (Accounting, Audit, Transfer and Refund) Rules 2016.
  • Introducing Special Relaxation in holding of General Meeting by Companies whose Financial Year ended on 31st December 2019 vide General Circular dated 21-04-2020 and holding it through Video conferences vide General Circular No. 20/2020 and 28/2020.
  • Allowing corporates for spending CSR funds for various activities which includes Healthcare, sanitation and disaster management.

A general extension of 3 months to hold Annual General Meeting for the Financial year 2019-2020 beyond 30.09.2020 has been granted to all about 12 lakhs companies by issue of order by each ROC on 08.09.2020 without any requirement to file any application of the form and without payment of fee.

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