Notifications Notifying applicability of Sections of Companies Amendment Act, 2017
MCA vide notification dated 05th July, 2018 notified 4 Section of Companies Amendment Act, 2017. These 4 sections shall be come into effect w.e.f. 15th August, 2018. (LIST A).
MCA vide notification dated 05th July, 2018 notified 1 Section of Companies Amendment Act, 2017. (LIST B).
MCA vide notification dated: 13th June, 2018 has notified 5 Section of Companies Amendment Act, 2017 (LIST C). Earlier MCA has notified vide notification dated: 07th May, 2018, 28 Section (Partly or Fully) of Companies Amendment Act, 2017 (LIST D), 43 sections (Partly or Fully) of Companies Amendment Act, 2017 w.e.f. 9th February, 2018 (LIST E) and 2 Sections of Companies Amendment Act, 2017 w.e.f. 26.01.2018 (LIST F).
Also Read-
2. Applicability of various section of Companies (Amendment) Act 2017 wef 09.02.2018
3. Sections 1 & 4 of Companies (Amendment) Act, 2017 applicable wef 26.01.2018: MCA
4. Companies (Amendment) Act, 2017 receives President’s Assent
5. MCA notifies 5 section of Companies (Amendment) Act, 2017 wef 13.06.2018
6. Section 20 of Companies Amendment (Act) 2017 Applicable from 05.07.2018
7. Section 15,16,75 & 76 of Companies Amendment (Act) 2017 Applicable from 15.08.2018
LIST A
MCA has notified below mentioned 4 sections of Companies Amendment Act, 2017 w.e.f. 15th August, 2018.
| S. No. | Section No. of Amendment Act, 2017 | Section No. of Companies Act, 2013 | Particular of Section |
| 1. | Section 15 | Section 73 | Prohibition on Acceptance of Deposits from Public |
| 2 | Section 16 | Section 74 | Repayment of Deposits, etc., Accepted Before Commencement of this Act |
| 3 | Section 75 | Section 366 | Companies Capable of Being Registered |
| 4 | Section 76 | Section 374 | Obligations of Companies Registering Under this Part |
LIST B
MCA has notified below mentioned 1 sections of Companies Amendment Act, 2017 w.e.f. 5th July, 2018.
| S. No. | Section No. of Amendment Act, 2017 | Section No. of Companies Act, 2013 | Particular of Section |
| Section 20 | Section 82 | Company to Report Satisfaction of Charge. |
LIST C
| S. No. | Section No. of
Amendment Act, 2017 |
Section No. of
Companies Act, 2013 |
Particular of Section |
| 1 | Section 22 | Section 90 | Register of Significant beneficial owners in a Company |
| 2 | Section 24 | Section 93 | Return to be filed with Registrar in case promoters’ stake change |
| 3 | Section 25 | Section 94 | Place of Keeping and inspection of registers, returns etc. |
| 4 | Section 26 | Section 96 | Registers, etc. to be evidence |
| 5 | Section 71 | Section 216 | Investigation of ownership of Company |
LIST D
MCA has notified below mentioned sections of Companies Amendment Act, 2017 w.e.f. 7h May 2018
| S. No. | Section No. of Amendment Act, 2017 | Section No. of Companies Act, 2013 | Particular of Section |
| 1. | Section 2 Clause (i) and (xiii) | Section 2 | Definitions |
| 2. | Section 8 | Section 26 | Matter to be stated in Prospectus |
| 3. | Section 13 | Section 54 | Issue of Sweat Equity Shares |
| 4. | Section 18 | Section 77 | Duty to Register charge |
| 5. | Section 19 | Section 78 | Application for registration of charge |
| 6. | Section 21 Clause (i) (ii) | Section 89 | Declaration in respect of beneficial interest in any share |
| 7. | Section 23 clause (iii) & (iv) | Section 92 | Annual Return |
| 8. | Section 30 | Section 117 | Resolution and agreements to be filed |
| 9. | Section 31 | Section 121 | Report on Annual General Meeting |
| 10. | Section 33 | Section 129 | Financial Statement |
| 11. | Section 39 | Section 137 | Copy of financial statement to be filed with Registrar |
| 12 | Section 40 | Section 139 | Appointment of Auditors |
| 13 | Section 46 | Section 149 | Company to have Board of Directors |
| 14 | Section 49 | Section 157 | Company to inform Director identification Number to Registrar |
| 15 | Section 52 | Section 164 | Disqualifications for appointment of Director |
| 16 | Section 54 | Section 167 | Vacation of office of Director |
| 17 | Section 55 | Section 168 | Resignation of Director |
| 18 | Section 56 | Section 173 | Meeting of Board |
| 19 | Section 57 | Section 177 | Audit Committee |
| 20 | Section 58 | Section 178 | Nomination and Remuneration Committee and Stakeholders Relationship Committee |
| 21 | Section 61 | Section 185 | Loan to Directors |
| 22 | Section 62 | Section 186 | Loan and investment by Company |
| 23 | Section 80 Clause (i) (ii) | Section 403 | Fee for Filing etc |
| 24 | Section 83 | Section 410 | Constitution of Appellate Tribunal |
| 25 | Section 86 | Section 435 | Establishment of Special Courts |
| 26 | Section 87 | Section 438 | Application of code of proceedings before special court |
| 27 | Section 88 | Section 439 | Offences to be non-cognizable |
| 28 | Section 89 | Section 440 | Transitional provisions |
LIST E
MCA has already notified below mentioned 43 sections of Companies Amendment Act, 2017 w.e.f. 9th February, 2018.
| S. No. | Section No. of Amendment Act, 2017 | Section No. of Companies Act, 2013 | Particular of Section |
| 29 | Section 2 | Section 2 | Definitions (except definition of Associate & Subsidiary) |
| 30 | Section 3 | New Section 3A | Member severally liable in certain cases |
| 31 | Section 7 | Section 21 | Authentication of Documents, Proceeding & Contracts |
| 32 | Section 9 | Section 35 | Civil Liability for mis-statement in prospectus |
| 33 | Section 11 | Section 47 | Voting Right |
| 34 | Section 12 | Section 53 | Prohibition on issue of shares at discount |
| 35 | Section 14 | Section 62 | Further issue of share capital |
| 36 | Section 17 | Section 76A | Penalty on Deposit |
| 37 | Section 27 | Section 100 | Calling of extra ordinary general meeting |
| 38 | Section 28 | Section 101 | Notice of Meeting |
| 39 | Section 29 | Section 110 | Postal Ballot |
| 40 | Section 32 | Section 123 | Declaration of Dividend |
| 41 | Section 34 | Section 130 | Re opening of accoiunts of courts or tribunals order |
| 42 | Section 35 | Section 132 | Constitution of National financial reporting authority |
| 43 | Section 38 | Section 136 | Right of members to copies of audited financial statement |
| 44 | Section 41 | Section 140 | Removal, resignation of auditor |
| 45 | Section 42 | Section 141 | Eligibility, qualifications and disqualification of auditors |
| 46 | Section 43 | Section 143 | Power and duties of auditors and autiding standards |
| 47 | Section 44 | Section 147 | Punishment for contravention |
| 48 | Section 45 | Section 148 | Central govt. to specify audit of items of cost in respect of certain companies |
| 49 | Section 47 | Section 152 | Appointment of Directors |
| 50 | Section 48 | Section 153 | Application of allotemnt of DIN |
| 51 | Section 50 | Section 160 | Right of persons other than retiring directors to stand for directorship |
| 52 | Section 51 | Section 161 | appointment of additional director, alternate director and nominee director |
| 53 | Section 53 | Section 165 | Number of directorship |
| 54 | Section 59 | Section 180 | Restrictions of power of board |
| 55 | Section 60 | Section 184 | Disclosure of interest by Director |
| 56 | Section 63 | Section 188 | Related party transaction |
| 57 | Section 65 | Section 195 | Prohibition on insider trading of securities |
| 58 | Section 64 | Section 194 | Prohibition on forward dealings in securities of company by director or key managerial personnel |
| 59 | Section 72 | Section 223 | Inspector’s Report |
| 60 | Section 73 | Section 236 | Purchase of minority shareholding |
| 61 | Section 74 | Section 247 | valuation by registered valuer |
| 62 | Section 77 | Section 379 | Application of act to foreign companies |
| 63 | Section 78 | Section 384 | Debentures, annual return, registered of charge, books of account |
| 64 | Section 79 | Section 391 | Application of section 34 to 36 and chapter XX |
| 65 | Section 82 | Section 409 | Qualification of president and member of tribunal |
| 66 | Section 84 | Section 411 | Qualification of chair person and member of appellate tribunal |
| 67 | Section 85 | Section 412 | Selectio nof members of Tribunal and appellate tribunal |
| 68 | Section 90 | Section 441 | Compounding of certain offences |
| 69 | Section 91 | Section 446 | Insertion of new section 446A and 446B |
| 70 | Section 92 | Section 447 | Punishment for fraud |
| 71 | Section 93 | Section 458 | Delegation by central government of its powers and functions |
LIST F
MCA has already notified below mentioned 2 sections of Companies Amendment Act, 2017 w.e.f. 26th January, 2018.
| S. No. | Section No. of Amendment Act, 2017 | Section No. of Companies Act, 2013 | Particular of Section |
| 72 |
Section 1
|
—- | section 4 |
| 73 | Section 4 | Section 4 | Memorandum |
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(Republished after updating with changes since last Publication)
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Nice compilation, Read, Thanks.