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Blogs - Registration And Compliance Archives - Page 4 of 12 - Centrik

CentrikBlogsBusiness AdvisoryRegistration And Compliance

Category: Registration And Compliance

Completion Certificate, Occupation Certificate and Possession Issues

Posted by Adv_AnujPosted on January 18, 2022January 18, 20220 CommentsCategories Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And Compliance, RERA ConsultingTags Builder withdraw possession letters, File Complaint against the builder, file complaint against the Developer, Importance of Completion Certificate, Importance of Occupation Certificate, No possession without Occupation Certificate, occupancy certificate requirements, possession without completion certificate, withdraw the possession letters

A common practice among the Builders/Developers to issue Possession Letter without obtaining the Occupation Certificate to pressurize the allottees to pay complete sale price without any chance of getting the possession or execution of sale deed.

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Compulsory winding up of a company

Posted by saumya sharmaPosted on January 17, 2022January 18, 20220 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Cross Border Advisory, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And ComplianceTags compulsory and voluntary winding up of a company, duties and powers of a liquidator in case of compulsory winding up of a company, issue notice on winding up of a small business, methods of winding up of a company, procedure for compulsory winding up of a company, reasons for compulsory winding up of a company, voluntary winding up of a company, who can apply for winding up of a company

When a business decides to wind up, it can choose between a voluntary winding up method and a compulsory winding up procedure. In the year 2020, the Ministry of Corporate Affairs will issue notices on the winding up of small businesses.

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Remedies for misappropriation of Interest Free Maintenance Security Charges

Posted by saumya sharmaPosted on January 15, 2022January 18, 20220 CommentsCategories Authentic Legal Advice, Registration And Compliance, RERA ConsultingTags Difference between maintenance charges and IFMS, handing over possession, Interest Free Maintenance Security Charges, Meaning of IFMSC in Real Estate, Remedies for homebuyers under RERA, Remedies for misappropriation of IFMSC, RERA rules for maintenance charges

IFMS is an additional amount given by the buyers to the developer/builder till the time resident’s welfare association (RWA) is formed. The purpose of forming RWA is maintenance purpose, security purpose and projects for developments.

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Enforcement of Arbitration Award via Insolvency Proceedings: A Contrary Perspective

Posted by Ankur SangwanPosted on January 15, 2022January 24, 20220 CommentsCategories Corporate Litigation-All In Way, Cross Border Advisory, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And ComplianceTags Arbitration Awards via Insolvency Proceedings, Arbitration proceedings in India, Enforcement of Arbitration Awards, Insolvency and Bankruptcy Board of India, insolvency proceedings against the debtor, insolvency proceedings against the debtor by filing an application, procedure of recognition under Arbitration & Conciliation Act, Procedure of the Arbitration Proceedings

The enforcement proceedings for the foreign award (under S. 47-48) are the last and final stage where the debtor can resist the award from becoming binding/ enforceable for grounds listed under Section 48 of the Arbitration Act.

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Revocation of Registration under Real Estate (Regulation & Development) Act, 2016

Posted by Ankur SangwanPosted on January 14, 2022January 24, 20220 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Debt Recovery Management, Insolvency & Bankruptcy Code 2016, Registration And Compliance, RERA ConsultingTags application for revocation of registration under RERA, Compliance under RERA Act, Extention of Revocation of Registration, Procedure of Revocation of Registration under Real Estate Act, Real Estate Project registered under RERA Act, registration under Real Estate Act 2016, revocation of registration under RERA, Revocation of Registration under RERA Act, What is revocation of registration

The Competent Authorities hold the power to revocate the registration of such promoters along with the publication of the name of such promoter in the defaulter’s list.

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Execution of RERA order and attachment of assets of builders

Posted by Adv_AnujPosted on December 9, 2021December 10, 20210 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Grievance Redressal, Registration And Compliance, RERA ConsultingTags appeal against RERA order, complaints of the allottees, complaints of the allottees against defaulting Builders, due dates of the RERA Orders, execution of RERA orders, How to execute RERA orders, non-compliance of rera order, Process of RERA Order Execution, rera order execution process, What is builder not following RERA order

The Authority has the power to hear the grievances of the allottees regarding execution of the orders and the Authority also has the powers to pass orders:

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Recovery Certificate issued by RERA are legally valid

Posted by Adv_AnujPosted on December 7, 2021December 10, 20211 Comment on Recovery Certificate issued by RERA are legally validCategories Corporate Litigation-All In Way, Registration And Compliance, RERA ConsultingTags How Recovery Certificate issued, How to execute Recovery Certificate issued by RERA Authority, Issue RC for Recovery, RC for recovery for the amount of interest, Recovery Certificate Compliances, Recovery Certificate issued by RERA, validity of Recovery Certificate issued by RERA, What is Recovery Certificate

The Complainant allottees are entitled to get the Recovery Certificate executed by the District Collector as arrears of land revenue under the Revenue Code and to receive the said amount after the execution and recovery.

1 Comment on Recovery Certificate issued by RERA are legally valid
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Karnataka High Court orders for interim stay on the recovery of EMI from Homebuyers

Posted by AdminPosted on November 25, 2021November 25, 20210 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Registration And Compliance, RERA ConsultingTags Banks harassing the homebuyers, CIBIL score of the buyers, EMI under the Subvention Scheme, Homebuyers harassed by the Banks for recovery of Loan, Homebuyers harassed by the builders, Liability under Subvention Scheme, recovery of EMI from Homebuyer, Relief for homebuyers from Loan Recovery, Relief to the Home buyers, Stay on the Recovery of EMI From Homebuyers by the Karnataka High Court, Subvention Scheme against the Builder, Writ Petition filed by the Homebuyers

The Karnataka High Court on 16.11.2021, allowed a deferment of all loan repayments, and directed the bank not to recovery the home loan and refrain from take any coercive action.

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Offences and Penalties under RERA

Posted by saumya sharmaPosted on November 20, 2021November 24, 20210 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Grievance Redressal, Registration And Compliance, RERA ConsultingTags Penalties for Promoters under RERA, Penalties for Real Estate Agents under RERA, Penalty for Allottee under RERA, Penalty for non registration of projects, Penalty for Offense by the builder under RERA, procedure and penalties under RERA, RERA Compliances, RERA Litigation, State wise RERA implementations

The RERA Act is the best reform happened for the homebuyers. If in any situation a dispute arises, the offences, procedure and penalty is being clearly stated.

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Is judicial intervention in arbitration justified?

Posted by Shruti SharmaPosted on November 17, 2021November 19, 20210 CommentsCategories Authentic Legal Advice, Grievance Redressal, Insolvency & Bankruptcy Code 2016, Legal Outsourcing, Registration And ComplianceTags Arbitration and Conciliation Act, arbitration execution proceedings, Arbitration proceedings in India, arbitration vs court proceedings, Concept of Judicial Intervention, consolidation of arbitration proceedings, how to commence arbitration proceedings, icsid rules of procedure for arbitration proceedings, Judicial Intervention in Arbitration, Procedure of the Arbitration Proceedings, Proceedings of Arbitration, role of court in arbitration proceedings

The court’s intervention can be justified by saying that it protects the rights of the parties or it puts eyes on the arbitration proceedings to prevent any injustice.

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SC: Delegation of adjudication to a single member of authority is not dehors to law

Posted by Adv_AnujPosted on November 17, 2021November 19, 20210 CommentsCategories Authentic Legal Advice, Grievance Redressal, Registration And Compliance, RERA ConsultingTags Complaints under UPRERA Authority, execution of RERA orders, File an appeal before Supreme Court, interest of the Homebuyers, issue a recovery certificate for recovery, latest supreme court judgement on RERA, Latest UPRERA order, order of UP-RERA, plea against an RERA order, possession isn't delivered on time, RC for recovery for interest and compensation, refund of the amount to the allottee, RERA Complaints, Supreme Court judgments on delayed possession

The Newtech Promoters and Developer filed an appeal before Supreme Court against an Allahabad High Court order which dismissed its plea against an order of a single member of the Uttar Pradesh Real Estate Regulatory Authority.

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Role of CIBIL Score in Credit Rating

Posted by Shruti SharmaPosted on November 15, 2021November 17, 20210 CommentsCategories Authentic Legal Advice, Debt Recovery Management, Grievance Redressal, Insolvency & Bankruptcy Code 2016, Registration And Compliance, Tax Litigation, Tax PlanningTags Advantage of good cibil score, Apply for a Business Loan, Apply for a Personal Loan, credit card application, Factors Affecting Cibil Score, Importance of Cibil Score, Rejection of Credit Application, What is credit score, Why Cibil Score is important for Personal Loan

Credit score is also named as CIBIL score that is representation of credit worthiness based on your history of credit repayment. Hence it is very crucial to keep your CIBIL score good so as to not to face any rejection of credit application.

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Flat buyers associations are consumers for builders and are entitled to file complaint before Consumer Forum

Posted by Adv_AnujPosted on November 11, 2021November 15, 20210 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Registration And Compliance, RERA ConsultingTags consumer complaint against builder, file complaint before Consumer Forum, Flat Buyers Associations can file complaint against builder, Flat buyers can file complaint before consumer court against builder, Homebuyer can file complaint before consumer court against the builder as consumer, procedure for filing a complaint in consumer protection act, procedure to file a consumer complaint

Hon’ble Supreme Court has reiterated and upheld that legal position of the Flat Buyers Association as consumer and has also made it clear that the builder cannot occupy any place, without the permission of the association, after the project is handed over.

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Karnataka-RERA warned 373 projects to complete before deadline ends

Posted by Adv. Shanu LambaPosted on November 10, 2021November 15, 20210 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Registration And Compliance, RERA ConsultingTags Action agaisnt builders by KRERA Authority, Best RERA Lawyers in Karnataka, Delayed projects under Karnataka RERA, How to file a Complaint under Karnataka RERA, KRERA Warned projects to complete before deadline, Latest News on Karnataka RERA, Legal action against defaulting developers by Karnataka RERA, RERA in Karnataka, Stuck Projects under KRERA Authority, unfinished projects in Karnataka

Karnataka Real Estate Regulatory Authority (hereinafter referred to as K-RERA or authority) has given a deadline extension for the projects that were supposed to be completed in April or later to September 2021.

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Subvention Scheme and The Risks Associated

Posted by saumya sharmaPosted on November 8, 2021November 13, 20210 CommentsCategories Authentic Legal Advice, Corporate Litigation-All In Way, Registration And Compliance, RERA ConsultingTags Advantages and Disadvantages of Subvention Scheme, Interest Subvention Scheme for MSMEs, Liability under Subvention Scheme, Remedies under RERA if stuck in Subvention Scheme, Risks associated under subvention scheme, Subvention Scheme and The Risks Associated, Subvention Scheme by the builder, Subvention Scheme under RERA act in India, What is subvention scheme

Before signing on subvention agreement the buyers must read the agreement thoroughly to avoid any mishappening in future.

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