In reference to Commencement notification dated May 07, 2018, June 21, 2018 and July 05, 2018 the Ministry of Corporate Affairs has notified the following Sections of the Companies (Amendment) Act, 2017:
1.Notification No. S.O. 1833(E) Dated 07th May 2018– .—In exercise of the Power conferred by Sub-Section (2) of Section 1 of the Companies (Amendment) Act, 2017 (1 of 2018), the Central Government hereby appoints the 7th May, 2018 as the date on which the following provisions of the said Act shall come into force, namely:-
| # | Section of Companies Amendment Act, 2017 | Amended Sections of Companies Act, 2013 | Particulars |
| 1 | Clause (i) and clause (xiii) of section 2; | Clause (6) | Definitions |
| 2 | Section 8; | Section 26 | Matters to be stated in prospectus |
| 3 | Section 13; | Section 54 | Issue of sweat equity shares |
| 4 | Sections 18 and 19; | Section 77 & 78 | Duty to Register of charges, etc. and Application for Registration of charge |
| 5 | Clauses (i) and (ii) of section 21; | Section 89 (6) &(7) | Declaration in respect of Beneficial Interest in any share |
| 6 | Clauses (iii) and (iv) of section 23; | Section 92 | Annual return |
| 7 | Section 30 and 31; | Section 117 | Resolutions and Agreements to be filed |
| 121 | Report on Annual General meeting | ||
| 8 | Section 33; | 129 | Financial Statement |
| 9 | Section 39 and 40; | 137 | Copy of financial statement to be filed with registrar |
| 139 | Appointment of Auditors | ||
| 10 | Section 46; | 149 | Company to have Board of Directors |
| 11 | Section 49; | 157 | Company to inform DIN to registrar |
| 12 | Section 52; | 164 | Disqualification for appointment of Directors |
| 13 | Sections 54 to 58 (both inclusive); | 167 | Vacation of office of Directors |
| 168 | Resignation of Director | ||
| 173 | Meetings of Board | ||
| 177 | Audit Committee | ||
| 178 | Nomination and Remuneration Committee and Stakeholders Relationship committee | ||
| 14 | Sections 61 and 62; | 185 | Loan to Directors, etc. |
| 186 | Loan and Investment by company | ||
| 15 | First Proviso to clause (i) of section 80 a | 403 | Fee for filing etc. |
| 16 | Section 83 | 410 | Constitution of appellate tribunal |
| 17 | Sections 86 to 89 (both inclusive). | 435 | Establishments of special courts |
| 438 | Application of code to proceedings before special court | ||
| 439 | Offences to be non-cognizable | ||
| 440 | Transitional Provisions |
2. S.O. 2422(E) Dated: June 13, 2018.—In exercise of the Power conferred by Sub-Section (2) of Section 1 of the Companies (Amendment) Act, 2017 (1 of 2018), the Central Government hereby appoints the June 13, 2018 as the date on which the following provisions of the said Act shall come into force, namely:-
| # | Section of Companies Amendment Act, 2017 | Amended Sections of Companies Act, 2013 | Particulars |
| 1 | 22 | 90 | Register of Significant beneficial Owners in a Company |
| 2 | 24 | 93 | Return to be filed with Registrar in case of promoter stake changes |
| 3 | 25 | 94 | Place of keeping and inspection of registers and returns etc. |
| 4 | 26 | 96 | Annual General Meeting |
| 5 | 71 | 216 | Investigation of ownership of Company |
3. S.O. 3020(E) Dated: June 21, 2018— This is a Corrigendum to notification S.O. 2422(E) dated June 13, 2018 of commencement of certain provisions of Companies Amendment Act, 2017. In this notification dated June 21, 2018 Section 89(10) of the of the Companies Act, 2013, related to beneficial interest has been notified w.e.f June 13, 2018.
4. S.O. 3299(E) Dated: July 05, 2018: In exercise of the Power conferred by Sub-Section (2) of Section 1 of the Companies (Amendment) Act, 2017 (1 of 2018), the Central Government hereby appoints the July 05, 2018 as the date on which the following provisions of the said Act shall come into force, namely:-
| # | Section of Companies Amendment Act, 2017 | Amended Sections of Companies Act, 2013 | Particulars |
| 1 | Section 20 | Section 82 | Company to report satisfaction of charge |
5. S.O. (E) Dated: July 05, 2018: In exercise of the Power conferred by Sub-Section (2) of Section 1 of the Companies (Amendment) Act, 2017 (1 of 2018), the Central Government hereby appoints the August 15, 2018 as the date on which the following provisions of the said Act shall come into force, namely:-
| # | Section of Companies Amendment Act, 2017 | Amended Sections of Companies Act, 2013 | Particulars |
| 1 | Section 15 | Section 73 | Prohibition on acceptance of deposits from public |
| 2 | Section 16 | Section 74 | Repayment of deposits etc. Accepted before the
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 |
CRUX:-
Total notified sections under Companies Act, 2017:-
| # | Section of Companies Amendment Act, 2017 | Amended Sections of Companies Act, 2013 | Particulars | Effective Date |
| 1 | Clause (i) and clause (xiii) of section 2; | 2(6) | Definitions | May 07, 2018 |
| 2 | Section 8; | Section 26 | Matters to be stated in prospectus | May 07, 2018 |
| 3 | Section 13; | Section 54 | Issue of sweat equity shares | May 07, 2018 |
| 4 | Sections 18 and 19; | Section 77 & 78 | Duty to Register of charges, etc. and Application for Registration of charge | May 07, 2018 |
| 5 | Clauses (i) and (ii) of section 21; | Section 89 | Declaration in respect of Beneficial Interest in any share | May 07, 2018 |
| 6 | Clauses (iii) and (iv) of section 23; | Section 92 | Annual return | May 07, 2018 |
| 7 | Section 30 and 31; | Section 117 | Resolutions and Agreements to be filed | May 07, 2018 |
| 121 | Report on Annual General meeting | May 07, 2018 | ||
| 8 | Section 33; | 129 | Financial Statement | May 07, 2018 |
| 9 | Section 39 and 40; | 137 | Copy of financial statement to be filed with registrar | May 07, 2018 |
| 139 | Appointment of Auditors | May 07, 2018 | ||
| 10 | Section 46; | 149 | Company to have Board of Directors | May 07, 2018 |
| 11 | Section 49; | 157 | Company to inform DIN to registrar | May 07, 2018 |
| 12 | Section 52; | 164 | Disqualification for appointment of Directors | May 07, 2018 |
| 13 | Sections 54 to 58 (both inclusive); | 167 | Vacation of office of Directors | May 07, 2018 |
| 168 | Resignation of Director | May 07, 2018 | ||
| 173 | Meetings of Board | May 07, 2018 | ||
| 177 | Audit Committee | May 07, 2018 | ||
| 178 | Nomination and Remuneration Committee and Stakeholders Relationship committee | May 07, 2018 | ||
| 14 | Sections 61 and 62; | 185 | Loan to Directors, etc. | May 07, 2018 |
| 186 | Loan and Investment by company | May 07, 2018 | ||
| 15 | First Proviso to clause (i) of section 80 a | 403 | Fee for filing etc. | May 07, 2018 |
| 16 | Section 83 | 410 | Constitution of appellate tribunal | May 07, 2018 |
| 17 | Sections 86 to 89 (both inclusive). | 435 | Establishments of special courts | May 07, 2018 |
| 438 | Application of code to proceedings before special court | May 07, 2018 | ||
| 439 | Offences to be non-cognizable | May 07, 2018 | ||
| 440 | Transitional Provisions | May 07, 2018 | ||
| 18 | 22 | Section 90 | Register of Significant beneficial Owners in a Company | June 13, 2018 |
| 19 | 24 | Section 93 | Return to be filed with Registrar in case of promoter stake changes | June 13, 2018 |
| 20 | 25 | Section 94 | Place of keeping and inspection of registers and returns etc. | June 13, 2018 |
| 21 | 26 | Section 96 | Annual General Meeting | June 13, 2018 |
| 22 | 71 | Section 216 | Investigation of ownership of Company | June 13, 2018 |
| 23 | Clauses (iii) of section 21 | Section 89(10) | Declaration in respect of Beneficial Interest in any share | June 13, 2018 |
| 24 | Section 20 | Section 82 | Company to report satisfaction of charge | July 05, 2018 |
| 25 | Section 15 | Section 73 | Prohibition on acceptance of deposits from public | August 15, 2018 |
| 26 | Section 16 | Section 74 | Repayment of deposits etc. Accepted before the
commencement of this Act |
August 15, 2018 |
| 27 | Section 75 | Section 366 | Companies capable of being registered | August 15, 2018 |
| 28 | Section 76 | Section 374 | Obligations of companies
registering under this part |
August 15, 2018 |
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Hello Sir,
Corresponding Rules of amended provisions of the Act are also amended to give effect to the commencement notifications.For further details you may visit us at: http://csassociate.com/legal.html
are the Rules pertaining to amended sections of the Companies Act, 2013 also notified?