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Corporate Law Updates February 2022

  1. Ministry of Corporate Affairs (MCA)

Additional fees on e-Form will be increased from existing 12 times of normal fees to 18 times of normal fees w.e.f. July 1, 2022

By way of Notification dated January 11, 2022, MCA has notified the Companies (Registration Offices and Fees) Amendment Rules. 2022, which are set to come into effect from July 1, 2022. Once these rules come into effect, the additional fee payable in case of delay in filing of Form INC-22 (Notice of situation or change of situation of registered office) and/or Form PAS-3 (Return of Allotment) will stand increased from existing twelve (12) times of normal fee, to eighteen (18) times of normal fee. The higher additional fee will be charged in cases where the filing of above-said forms has been delayed for more than two (2) occasions within a period of 365 (Three Hundred and Sixty-Five) days.

As per the Notification, the Rules will not apply to forms in respect of Annual Filings to which additional charge of Rs. 100 per day is chargeable without any upper limit.

https://www.mca.gov.in/bin/dms/getdocument?mds=T%252F%252B384mFkSrHFx1liwRTnQ%253D%253D&type=open

Relaxation on levy of additional fees in filing of Annual ROC forms

The MCA has issued General Circular No. 22/2021 dated December 29, 2021, whereby it has been confirmed that with respect to filing of annual financial statement/return for the financial year ended on March 31, 2021, no additional fee will be levied on companies for filing of e-Forms AOC-4, AOC-4(CFS), AOC-4(XBRL), AOC-4 non-XBRL that are filed up to February 15, 2022. Similarly, in case of e-Form MGT-7/MGT-7A, no additional fee will be levied for filings made up to February 28, 2022. Accordingly, no additional fee shall be levied for filing of aforementioned e-Forms up to the extended dates, and only normal fee will be payable.

https://www.mca.gov.in/bin/dms/getdocument?mds=y7MsuJR2BoOvDvpg8FREsg%253D%253D&type=open

Clarification on passing of Ordinary and Special Resolutions by Companies under the Companies Act, 2013 read with rules made thereunder on account of COVID-19

In continuation of previous circulars dealing with the subject matter hereof, vide a General Circular No. 20/2021 dated December 8, 2021, the MCA has clarified that the relaxation accorded to companies to convene an EGM though Video Conferencing and/or other Audio-Visual means, also use of postal ballot to transact business in ordinary course, shall stand extended from December 31, 2021, to June 30, 2022. 

https://www.mca.gov.in/bin/dms/getdocument?mds=FNEhC2FrbKO7ANLDeiQ01A%253D%253D&type=ope

Securities and Exchange Board of India (Foreign Portfolio Investors) (Amendment) Regulations, 2022

Vide Notification dated January 14, 2022, the Securities and Exchange Board of India (SEBI) has notified regulations namely the ‘Securities and Exchange Board of India (Foreign Portfolio Investors) (Amendment) Regulations, 2022.

The aforesaid amendment has been caused to include Section 43B in Chapter VIII-A of the existing regulations, which reads as under:‘43B. (1) The Board may suo motu or on an application made by a foreign portfolio investor, for reasons recorded in writing, grant relaxation from the strict enforcement of any of the provisions of these regulations, subject to such conditions as the Board deems fit to impose in the interests of investors and the securities market and for the development of the securities market, if the Board is satisfied that: (a) the non-compliance is caused due to factors beyond the control of the entity; or (b) the requirement is procedural or technical in nature.(2) The application referred to under sub-regulation (1) shall be accompanied by a non-refundable fee of USD 1,000 (USD One Thousand only) payable by way of NEFT/ RTGS/ IMPS or any other mode allowed by the Reserve Bank of India in the designated bank account of the Board.’

https://www.sebi.gov.in/legal/regulations/jan-2022/securities-and-exchange-board-of-india-foreign-portfolio-investors-amendment-regulations-2022_55352.html

Extension of FCRA registration certificates pending renewal, till March 31, 2022

In continuation to Public Notice No. 11/21022/23(22)/2020-FCRA-III dated September 30, 2021, the Central Government (through the Ministry of Home Affairs) has issued a Public Notice dated December 31, 2021, whereby it has been decided to extend the validity of FCRA registration certificates up to March 31, 2022, or till the date of disposal of the renewal application, whichever is earlier.

It has been clarified that the extension of validity of FCRA registration certificate will be applicable only to cases where the FCRA registration certificates have expired/are expiring between September 29, 2020 and March 31, 2022. To be eligible for deemed extension of FCRA registration till March 31, 2022 as aforesaid, the pivotal requirement is that an application for renewal of FCRA registration (in accordance with Rule 12 of the Foreign Contribution (Regulation) Rules, 2011) should be pending consideration. 

Further, in cases where the application for renewal of FCRA registration has been refused, the validity of registration certificate will be deemed to have expired on the date of refusal of the renewal application. Consequently, such entities will not be eligible to receive foreign contribution and/or utilize the foreign contribution received.

https://fcraonline.nic.in/home/PDF_Doc/fc_notice_31122021.pdf

 

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Contact Number: +91 11 4570 6611/+ 91 99582 22647

 

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delhi@anhadlaw.com

Manishi Pathak

  • Designation: Founding Partner
  • Education: M.Sc (1989) L.L.B. (1992)
  • Email: manishi@anhadlaw.com
  • Location: New Delhi, Ahmedabad
ANHAD LAW MANISHI PATHAK

Expertise

Anti-Bribery & Anti-Corruption | Dispute Resolution | Environmental, Social and Governance (ESG) | Employment & Labour | Corporate, Commercial and Regulatory | Government Relations | Mergers & Acquisitions

Manishi Pathak is the Founder and Managing Partner of ANHAD LAW.

Manishi has experience of over three decades. His areas of practice include dispute resolutions, labour and employment, corporate investigations, compliance audit and investigation into non-compliance of anti-bribery and anti-corruption laws, besides advisory and transactional supports on matters involving other corporate and commercial laws.

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Manishi is also known for his expertise in the area of mergers and acquisitions/ joint ventures, corporate restructuring and re-organizations besides his government relations work. 

He has been appreciated by clients for his hands-on approach and for providing solution-oriented sound legal advice which is commercially and practically tenable. He is also known for offering unique blend of analytical thinking and business strategy, while structuring, negotiating and closing complex commercial transactions and resolution of disputes including mediation and arbitration.

Manishi also has vast experience of delivering advisory support in areas of law, including but not limited to contentious commercial disputes, regulatory compliances (involving exchange control regulations in addition to other regulatory matters), compliance advisory under various corporate and commercial laws, rules etc. (under applicable Central and/or State). 

Manishi’s primary area of interest and specialization besides dispute resolution and government relations is Labour and Employment laws. He enjoys a distinguished status and standing in the sphere of Labour and Employment law practice. He is widely recognized as a ‘top ranked specialist’ in this area of practice owing to his deep knowledge and vast experience of dealing with range of matters in the domain of labour and employment laws practice including court litigation and appellate work. 

Manishi has retained most top accolades on offer by leading global legal ranking bodies such as Chambers & Partners, Legal 500 etc., in the field of Labour and Employment laws in India. For over last decade, Manishi and he been retained title of ‘Top Ranked’ ‘Leading Practitioner’, ‘Specialist’, owing to established expertise and in-depth knowledge he possesses in the sphere of Labour and Employment laws practice in India. 

Manishi is considered to be one of the first legal professionals who identified the scope, ambit and applicability of various central and state specific labour and employment legislations in India, while making foreign and Indian multinational corporations having business presence in India recognize the importance of compliance to various labour and employment laws related legislations in India. 

Undisputedly, in the context of Indian scenario, Manishi is regarded as the legal professional who played a pivotal role that lead to recognition and acceptance of ‘labour and employment’ laws as a prominent and established area of practice, amongst other practice areas. 

As the practice head, Manishi is actively involved in advising on a wide range of labour laws related queries, preparation and standardization of employment agreements and other agreements such as non-compete and non-solicitation agreement, non-disclosure and confidentiality agreements, HR policies/handbooks/manuals etc., including structuring of ESOPs, closure of businesses, termination/transfer of employees, other termination related issues, trade union related disputes, social security and/or insurance claims, etc. The Firm predominantly represents companies/corporations and their management on employment related projects and litigation.

Manishi also leads members of the firm on matters involving employment audits, whistle-blower investigations, closure of establishments, transfer of business and undertakings, sexual harassment complaints, employer and employee rights and matters involving trade unions. He is also known for his involvement in investigations and/or enquiries concerning employees including in matters of misconduct by employees and/or associated parties. 

Prior to founding Anhad Law, Manishi has been the Partner of other renowned law firms of India.

Manishi has considerable experience of representing clients belonging to manufacturing as well as services business, across varied sectors including but not limited to automobiles, aviation, banking, chemicals, commerce, electronics, FMCG, information technology, paper, packaging, pharmaceuticals, ports, real estate, retail and telecommunications, amongst others.

Chambers and Partners lists Manishi in Band 1 for Employment Law and he has been recognised as a leading employment law specialist in India since 2013. They have provided the following comments as well: Manishi Pathak commands ‘great respect in the employment market,’ clients valuing him especially as a ‘very experienced partner who brings a lot of insight to particularly complex employment issues.’ He offers significant expertise in the handling of the employment aspects of M&A transactions and in advising international clients on ensuring that their operations comply with Indian employment laws.  Chambers and Partners ranked Manishi as a New Delhi based recognized practitioner in the area of Corporate/M&A for the years 2014 and 2015. He has been ‘Top Ranked’ for 2022 by Chambers and Partners (Asia-Pacific).   Chambers Global ranked him as a New Delhi based recognized practitioner in the area of Corporate/M&A for the year 2014 and 2015.  Asia Law Profiles 2022 has ranked him as an “Elite Practitioner’ for Labour & Employment Law in India. He was also earlier listed by Asia Law Profiles in 2017, 2019 and 2020.  He has been listed in the Who’s Who Legal of Indian practitioners in the field of Labour & Employment law since 2009.  Legal 500 has further recognised him amongst India’s leading lawyers for the last several years including 2021. 

He has authored several publications on Indian Labour & Employment law for Kluwer Law and Law Business Research and he writes and speaks regularly on a range of subjects, including foreign investment in India and Labour and Employment law. 

Some of his prominent publications include “Restrictive Covenants” (India Chapter) by Kluwer Law Publication; “Hiring and retaining Talent” (India Chapter) by Kluwer Law Publication; “Getting The Deal Through (Labour & Employment)”, India Chapter by Law Business Research; Labour and Employment Compliance in India, 9 editions, published by Kluwer Law since 2008 including of 2021. 

He has also authored “India Chapter on Employment Law in the Employment Law Review” by Law Business Research since 2010 -15. Manishi also contributed to National Law School Publication (Business Law Review) “An overview of contract labour related laws in India”. He has also contributed to the World Bank Group‘s publication Employing Workers 2021. 

Manishi is a member and was an officer of the Employment and Industrial Relations Law Committee of the International Bar Association (IBA). He is also a member of the Delhi High Court Bar Association and Inter Pacific Bar Association (IPBA).

Privacy Policy

ANHAD LAW OWNS AND MANAGES THE WEBSITE WWW.ANHADLAW.COM (“WEBSITE”).

Anhad Law protects and respects user’s privacy and processes data as a data controller in accordance with the applicable Data Protection Regulation (DPR) and other relevant laws. This policy explains how we may process user’s personal data. Any updates to this policy will appear on Anhad Law’s website.

  1. This Privacy Policy (“Privacy Policy”) is published in compliance with inter alia, Section 43A of the Information Technology Act, 2000 (“IT Act”); Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI Rules”); and Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021.
  2. The Website is owned and managed by Anhad Law (“We”, “Us” or “Our”), a full-service law firm engaged in providing legal services (“Services”) with our offices at HT House, K.G. Marg, New Delhi -110 048 and B-21, LGF, East of Kailash, New Delhi- 110065, India amongst other locations in India. This Privacy Policy applies to all current and former users accessing or using Our Website, or otherwise engaging with Us through email or other means.
  3. The collection and processing of information in the course of Our delivery of Services, or other contractual or commercial engagements that We may enter into, will be done in accordance with the specific terms applicable thereto, and not by this Privacy Policy.
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    ‘Demographic Information’ means information which is not unique to a user and refers to selected population characteristics including age, gender and current location details. ‘Behavioral Information’ means information about how a user uses the Website and information about his/her mobile device and software including usage statistics, traffic data, IP address, browser and operating system type, domain names, access times, locations, and details regarding the parts of the Website accessed. ‘Indirect Information’ means use of certain third party services on the Website also requires Us to collect such information as is considered necessary for that purpose.

  7. The IT Act and the SPDI Rules regulate the collection, usage, retention and disclosure of personal information, which is defined under the SPDI Rules as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person (“Personal Information”). The SPDI Rules further define “Sensitive Personal Data or Information” (“SPDI”) of a person as Personal Information about that person relating to:
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    Some of the Information collected by Us may qualify as Personal Information.

  8. We understand that all Personal Information provided by a user to Us is voluntarily. Collection, use and disclosure of Personal Information requires a user’s express consent, unless there are other legal grounds available to Us to collect such information as further specified in this Privacy Policy. By using or accessing the Website or otherwise providing Us with a user’s Personal Information, where applicable, a user is providing Us with his / her consent to Our use, collection, retention, transfer and disclosure of the Personal Information in accordance with the terms of this Privacy Policy.

    In the event of a change in the law applicable to data protection in India, a user hereby expressly consents to Our continued use, storage, collection and disclosure of his/her Information including Personal Information to the fullest extent permitted under such applicable law. If needed, We may contact a user for obtaining additional consents and approvals as required under the amended law and the user will be required to comply with such requests. Should a user chooses to not provide Us with such additional consents and approvals, We may discontinue access to the Website.

  9. In case a user denies access or withdraws any or all information included under Personal Information, then We may be unable to allow the user to access the Website or otherwise avail services for the provision of which such a user’s information is being collected or processed.
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  12. If a user wishes to opt out of receiving communications such as information regarding the Website and/or any regulatory updates provided by Us, he/she may do so by emailing Us at delhi@anhadlaw.com
  13. Any access to any of our social media account such as LinkedInetc., will be subject to the terms of service and privacy policy of the relevant social media Website and user should review the same before connecting with Us on such social media Website.
  14. We may disclose a user’s Information including Personal Information, as the case may be to other third parties, our agents, contractors or third party service providers, other Website users, to companies and individuals who are acting as Our counterparties, consultants and advisors in relation to the Website and/or authorised by Us to perform certain functions in relation to the Website and/or Our practice of profession, or for the purpose of improving Our Website.
  15. We may disclose a user’s Information, including Personal Information, if legally required to do so, pursuant to an order from a governmental entity or in good faith. We will disclose the same to conform to legal requirements or comply with legal process; and/or protect Our rights or property; or prevent a crime or protect national security; and/or protect the personal safety of users or the public.
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  17. Each user may review, correct, update, change and/or delete his/her Personal Information on the Website by emailing Us at delhi@anhadlaw.com, except for allowing Us to retain any such information that may be required for legal purposes.

    Should a user choose to delete his/her Personal Information, or modify it in a way that is not verifiable by Us, or leads to such Personal Information being incorrect, We will be unable to provide such user with access to Our Website, and such a deletion or modification may be regarded as the user seeking to discontinue access to Our Website.

  18. We endeavour to maintain physical, technical and procedural safeguards that are appropriate to protect a user’s Information against loss, misuse, copying, damage or modification and unauthorized access or disclosure. We, however, cannot ensure that all of user’s Information including Personal Information will never be disclosed in ways not otherwise described in this Privacy Policy. Therefore, although We are committed to protecting user’s privacy, We do not promise, and user should not expect, that his/her Information or private communications will always remain private. As a user of the Website, the user assume all responsibility and risk for his/her use of the Website, the internet generally, and the information the user posts or access and for user’s conduct on and off the Website.
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  20. In compliance with applicable laws, We will take measures such that a user’s Personal Information, which is in Our possession or under Our control, is destroyed and/or anonymized as soon as possible provided the purpose for which that Personal Information was collected is no longer being served by the retention of such Personal Information and/or retention is no longer necessary for any other reason including applicable law.
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  22. In case of non-compliance with Privacy Policy or terms of use for access or usage of Our computer resource, We have the right to terminate the access or usage rights of the users to the computer resource immediately or remove non-compliant information or both, as the case may be.
  23. In accordance with the IT Act and rules made there under, the name and contact details of the Grievance Officer are provided below:

    Mr. Dhruv Gandhi

    You may write to him at the following address:

    B-21, LGF, East of Kailash, New Delhi 110065 Or Email him at dhruv.gandhi@anhadlaw.com

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These Terms of Use (the “Terms of Use”) describes the terms and conditions applicable to your access and use of the Website (as defined below). By accessing this website (www.anhadlaw.com), including the whole or any part of the web pages located at the website, layout of this website; individual elements of this website’s design; underlying code elements of the website; or text, sounds, graphics, animated elements or any other content of this website and associated mobile applications (collectively, “Website”), you are deemed to accept the following Terms of Use and acknowledge and confirm that you are seeking information relating to Anhad Law of your own accord and that there has been no form of solicitation, advertisement or inducement by Anhad Law or its members.

You accept Terms of Use by using the Website or accessing any content available through the Website, including without limitation our RSS feeds (collectively, the “Content”).

Anhad Law may revise these Terms of Use at any time by posting revised Terms of Use on the Website, and you agree that your use of the Website after such changes will constitute your acceptance of such changes. Any revision/ amendment will be effective immediately. You are encouraged to periodically visit this page to review the Terms of Use and any changes thereto. Discontinuing use of the Website will not affect the applicability of the Terms of Use to your prior uses of the Website.

Anhad Law website is provided as a complimentary facility to clients, colleagues, and others, for general information only. The content or information on any Website is not designed or intended to provide legal or other advice or create a lawyer-client relationship and is not intended to solicit clients or work. By accessing the website, you wish to gain more information about Anhad Law, its practice areas and its attorneys, for your own information and use; and the information is made available/provided to you only on your specific request. Any transmission, receipt or use of this Website and information and materials contained therein or sending an e-mail to our offices, will not create or constitute an attorney-client relationship. Any information obtained or material downloaded from this website or and materials contained therein is completely at your volition, None of the information contained on the Website is in the nature of a legal opinion or otherwise amounts to any legal advice and you should not take any action based on the Content of this Website without seeking independent legal advice.

Anhad Law and its partners, retainers, consultants, directors, agents, associates or employees (including authors or contributors of any content or information on the Website) accept no responsibility for any loss or damage that may result from accessing, or reliance on, any content on the Website and disclaim, to the fullest extent permitted by applicable law, any and all liability with respect to or resulting from, or arising out of or connected with acts or omissions made by clients or readers or users on the basis of content or information on the Website.

Rankings and other materials from legal directories and other sources may refer to current Legal Practice verticals or their predecessors. Images of people may be their current or former images or may feature current or former personnel or models not connected with Anhad Law.

  1. Anhad Law may add, alter, modify, change or vary all or any of these Terms and the Content and/or the services described on the Website at any time without any prior notice.
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  15. Copyright © 2021 Anhad Law, All rights reserved – The Website is protected by applicable copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Website, or individual sections of the content, design or layout of the Website, without Anhad Law’s express prior written permission.
  16. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to us via our contact form:
  17. (i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is claimed to be infringed; (ii) A description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) A description of where the material that you claim is infringing is located on the Site (providing URL(s) in the body of the communication is the best way to help Anhad Law locate content quickly); (iv) Your name, address, telephone number and e-mail address; A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or licensee or authorized to act on the copyright or intellectual property owner’s or licensee’s behalf. You can write to us at:Email ID: delhi@anhadlaw.com
  18. Anhad Law may, in its sole discretion, disable and/or terminate use of or access to the Website by users who infringe the intellectual property of others or of Anhad Law. The user agrees that Anhad Law with or without any reason, may immediately terminate his/her access to the Website without prior notice. Without limiting the foregoing, Anhad Law may terminate or temporarily suspend his/her access to the Website if he/she (a) breaches or violates these Terms, (b) there is a request by law enforcement or other government agencies, or (c) in case of unexpected technical issues or problems.
  19. Users agree that all terminations of access to the Website shall be made at the sole discretion of Anhad Law, and that Anhad Law shall not be liable in any manner whatsoever to either him/ her or any third-party for any termination of access to this Website.
  20. By agreeing to these terms, you acknowledge that Anhad Law may collect, use and disclose your information as described in our Privacy Policy, also available on the Website.
  21. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, such provision shall be disregarded and the remaining provisions shall remain in full force.
  22. Anhad Law’s failure to act or delay in acting with respect to any failure by you or others to comply with these Terms of Use does not waive or limit its right to act with respect to that, subsequent or similar failures.
  23. Terms of Use set forth the entire understanding and agreement between you and Anhad Law with respect to the subject matter hereof.
  24. Any cause of action or claim you may have with respect to these Terms of Use or the Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
  25. You may not assign or transfer your rights or obligations under these Terms of Use without the prior written consent of Anhad Law, and any purported assignment or transfer in violation of this provision shall be null and void.
  26. Anhad Law causes the control and maintenance of this Website from India. Anhad Law makes no representations that the information and material contained in this Website are appropriate or permitted for use in jurisdictions outside India.
  27. These Terms of Use are governed by the laws of India without giving effect to any principles of conflicts of laws.
  28. The usage of the Website by the user is subject to the exclusive jurisdiction of the courts located in Delhi without prejudice to the right of Anhad Law to take action in any jurisdiction whatsoever.
  29. Anhad Law reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include but not be limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, Anhad Law may take action to disclose any information necessary or appropriate to such persons or entities relating to user’s profiles, e-mail addresses, usage history, IP addresses and traffic information.
  30. Anhad Law reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use and/or the rules and regulations set forth on the Website, including without limitation the right to block access from a particular internet address.
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