Companies Winding up Rules 2020

The Central Government made new rules in relation to Winding up of companies "Companies (Winding up) Rules 2020" notified on 24th January 2020.

Effective date: 1st April, 2020

New Rules name: Companies (Winding up) Rules, 2020

Notified date: 24th January 2020

The new rules have elaborated process for winding up of those companies whose;
1) Asset size of Rs. 1 Crore and
2) Not accepted deposits exceeding Rs. 25Lakhs and
3) Turnover less than Rs. 50 Crores and
4) Total loan under Rs. 25lakhs
https://www.business-standard.com/article/companies/mca-notifies-winding-up-rules-gets-easier-for-small-firms-to-shut-business-120012900049_1.html

http://www.mca.gov.in/Ministry/pdf/Rules_28012020.pdf

Should I register my company first before trademark registration, or can I register a trademark?

The answer to this is not straight forward. It depends upon various factors;

1. How soon you want to get “TM” affixed after your wordmark? If in case you are in hurry to do so, then, do not wait, file it on Individual name and get started. Though these days, company registration is not a lengthy process but still it takes a week approx to register given little paperwork etc.
2. Fees- If the applicant filing the trademark is Individual then Govt fees would be around Rs. 4500 per Wordmark per class while if Company files it, Govt fees is Rs. 9000 per Wordmark per class. So its double. Here we assume that the company is not registered as Start up/ MSME. Because if company is registered as Start up/ MSME, Govt fees would be lesser which is Rs. 4500
3. Long term Goals- If you are focused and wish to work long term under company structure, then only, it is advised to go for applying through company. Otherwise, later assignment/ transfer of ownership would be lengthy and time consuming.

Given the above factors, decide and file the trademark application.

https://www.quora.com/Should-I-register-my-company-first-before-trademark-registration-or-can-I-register-a-trademark/answer/Neha-Wadhawan-Seth

Companies required to appoint a Company Secretary and Secretarial Audit- New Rules dated 3rd January 2020

MCA amends limits for appointment of CS and Secretarial Audit

Happy New year 2020!

Amendment in Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014 (the Rules)
Substituted	Rule 8A
Amended	Rule 9
Date of notification	3rd January 2020
Date of effect	1st April 2020
Rule 8A Prior	Appointment of Company Secretaries for all  the companies not covered under Rule 8(1) and having a paid up share capital of Five Crore INR or more
Rule 8A After amendment	Post amendment every private company which has a paid-up share capital of Ten Crore INR or more shall have a whole-time company secretary. The following companies are mandatorily required to appoint a whole-time Company Secretary: 1)    Listed Company, 2)    Unlisted Public Company having paid-up share capital of INR 10 Crore or more, 3)    Private Company having paid-up share capital of INR 10 Crore or more.
Rule 9 Prior	Secretarial Audit Report Every listed company and companies belonging to such other class shall annex a Secretarial Audit Report, given by a Practicing Company Secretary, with its Board Report. Such other class of company which are required to comply with this provision are given in Rule 9 of the Rules Such class of companies were: – 1)    Every public company having a paid-up share capital of fifty crore rupees or more, or 2)    Every public company having a turnover of two hundred fifty crore rupees or more;
Rule 9 Post amendment	After amendment, one more class of companies have been added and now the following companies are mandatorily required to conduct a Secretarial Audit: 1)    Every public company having a paid-up share capital of fifty crore rupees or more; or 2)    Every public company having a turnover of two hundred fifty crore rupees or more; or 3)    Every company having outstanding loans or borrowings from banks or public financial institutions of one hundred crore rupees or more.