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With reference to Commencement notifications dated January 23, 2018, February 09, 2018, May 07, 2018, June 13, 2018, Notification No. S.O. 3300(E) dated: July 05, 2018, 3299(E) dated: July 05, 2018 , July 27, 2018, July 31, 2018, August 07, 2018 September 12, 2018, September 19, 2018 and the Ministry of Corporate Affairs has notified following Sections of the Companies (Amendment) Act, 2017 to amend Companies Act, 2013

# Section of Companies Amendment Act, 2017 Amended Sections of Companies Act, 2013 Particulars Effective Date
1 Section 2 except Clause (i) and clause (xiii) of section 2; Section 2 except clause (6) & 85 Definitions February 09, 2018
2 Clause (i) and clause (xiii) of section 2; 2(6) & (85) Definitions May 07, 2018
3 Section 4 Section 4 Memorandum January 26, 2018
4 Section 5 Section 7 Incorporation of Company July 27, 2018
5 Section 6 Section 12 Registered office of Company July 27, 2018
6 Section 7 Section 21 Authentication of documents, proceedings and contracts February 09, 2018
7 Section 8; Section 26 Matters to be stated in prospectus May 07, 2018
8 Section 9 Section 35 Civil Liability for mis-statements in prospectus February 09, 2018
9 Section 10 Section 42 Issue of shares on Private Placement basis August 07, 2018
10 Section 11 Section 47 Voting Rights February 09, 2018
11 Section 12 Section 53 Prohibition on issue of shares at discount February 09, 2018
12 Section 13; Section 54 Issue of sweat equity shares May 07, 2018
13 Section 14 Section 62 Further Issue of Share Capital February 09, 2018
14 Section 15 Section 73 Prohibition on acceptance of deposits from public August 15, 2018
15 Section 16 Section 74 Repayment of deposits etc. Accepted before the commencement of this Act August 15, 2018
16 Section 17 Section 76A Punishment for contravention of section 73 or 76 February 09, 2018
17 Sections 18 Section 77 Duty to Register of charges, etc. and May 07, 2018
18 Section 19 78 Application for Registration of charge May 07, 2018
19 Section 20 Section 82 Company to report satisfaction of charge July 05, 2018
20 Clauses (i) and (ii) of section 21; Section 89 Declaration in respect of Beneficial Interest in any share May 07, 2018
21 Clauses (iii) of section 21 Section 89(10) Declaration in respect of Beneficial Interest in any share June 13, 2018
22 Section 22 Section 90 Register of Significant beneficial Owners in a Company June 13, 2018
23 Clauses (iii) and (iv) of section 23; Section 92 Annual return May 07, 2018
24 Section 24 Section 93 Return to be filed with Registrar in case of promoter stake changes June 13, 2018
25 Section 25 Section 94 Place of keeping and inspection of registers and returns etc. June 13, 2018
26 Section 26 Section 96 Annual General Meeting June 13, 2018
27 Section 27 Section 100 Calling of EGM February 09, 2018
28 Section 28 Section 101 Notice of Meeting February 09, 2018
29 Section 29 Section 110 Postal Ballot February 09, 2018
30 Section 30 Section 117 Resolutions and Agreements to be filed May 07, 2018
31 Section 31 Section 121 Report on Annual General meeting May 07, 2018
32 Section 32 Section 123 February 09, 2018
33 Section 33; 129 Financial Statement May 07, 2018
34 Section 34 Section 130 Reopening of Accounts on Court’s order February 09, 2018
35 Section 35 Section 132 Constitution of NFRA February 09, 2018
36 Section 36 Section 134 Financial Statement, Board’s Report July 31, 2018
37 Section 37 Section 135 Corporate Social Responsibility September 19, 2018
38 Section 38 Section 136 Right of member to copies of Audited Financial stms February 09, 2018
39 Section 39 Section 137 Copy of financial statement to be filed with registrar May 07, 2018
40 Section 40 Section 139 Appointment of Auditors May 07, 2018
41 Section 41 Section 140 Removal, Resignation of Auditor and giving of special notice February 09, 2018
42 Section 42 Section 141 Eligibility, Qualification and Disqualification of Auditors February 09, 2018
43 Section 43 Section 143 Power and duties of Auditors and AS February 09, 2018
44 Section 44 Section 147 Punishment for contravention February 09, 2018
45 Section 45 Section 148 CG to specify audit of cost in respect of certain companies February 09, 2018
46 Section 46; Section 149 Company to have Board of Directors May 07, 2018
47

 

Section 47 Section 152 Appointment of Directors February 09, 2018
48 Section 48 Section 153 Application for allotment of DIN February 09, 2018
49 Section 49; Section 157 Company to inform DIN to registrar May 07, 2018
50 Section 50 Section 160 Right of persons other than retiring directors to stand for directorship February 09, 2018
51 Section 51 Section 161 Appointment of Additional, alternate and Nominee Director February 09, 2018
52 Section 52; Section 164 Disqualification for appointment of Directors May 07, 2018
53 Section 53 Section 165 Number of Directorships February 09, 2018
54 Section 54 167 Vacation of office of Directors May 07, 2018
55 Section 55 168 Resignation of Director May 07, 2018
56 Section 56 173 Meetings of Board May 07, 2018
57 Section 57 177 Audit Committee May 07, 2018
58 Section 58 Section 178 Nomination and Remuneration Committee and Stakeholders Relationship committee May 07, 2018
59 Section 59 Section 180 Restrictions on Powers of Board February 09, 2018
60 Section 60 Section 184 Disclosure of Interest by Director February 09, 2018
61 Section 61 Section 185 Loan to Directors, etc. May 07, 2018
62 Section 62 Section 186 Loan and Investment by company May 07, 2018
63 Section 63 Section 188 Related Party transactions February 09, 2018
64 Section 64 Section 194 Prohibition on forward dealings in securities by Directors or KMPs February 09, 2018
65 Section 65 Section 195 Prohibition on insider trading of securities February 09, 2018
66 Section 66 Section 196 Appointment of Managing Director, whole time director or manager September 12, 2018
67 Section 67 Section 197 Overall maximum managerial remuneration September 12, 2018
68 Section 68 Section 198 Calculation of profits September 12, 2018
69 Section 69 Section 200 CG or Company to fix limits with regard to remuneration September 12, 2018
70 Section 70 Section 201 Forms of, and procedure in relation to, certain applications September 12, 2018
71 Section 71 Section 216 Investigation of ownership of Company June 13, 2018
72 Section 72 Section 223 Inspector’s report February 09, 2018
73 Section 73 Section 236 Purchase of Minority’s Shareholding February 09, 2018
74 Section 74 Section 247 Valuation by registered Valuers February 09, 2018
75 Section 75 Section 366 Companies capable of being registered August 15, 2018
76 Section 76 Section 374 Obligations of companies

registering under this part

August 15, 2018
77 Section 77 Section 379 Application of Act to Foreign Companies February 09, 2018
78 Section 78 Section 384 Debentures, Annual return, registration of Charge, books of accounts and their inspection February 09, 2018
79 Section 79 Section 391 Application of sections 34 to 36 and chapter XX February 09, 2018
80 First Proviso to clause (i) of section 80 a Section 403 Fee for filing etc. May 07, 2018
81 Section 82 Section 409 Qualification of president and members of Tribunals February 09, 2018
82 Section 83 Section 410 Constitution of appellate tribunal May 07, 2018
83 Section 84 Section 411 Qualification of chairperson and members of Appellate tribunal February 09, 2018
84 Section 85 Section 412 Selection of members of tribunal and Appellate tribunal February 09, 2018
85 Section 86 Section 435 Establishments of special courts May 07, 2018
86 Section 87 Section 438 Application of code to proceedings before special court May 07, 2018
87 Section 88 Section 439 Offences to be non-cognizable May 07, 2018
88 Section 89 Section 440 Transitional Provisions May 07, 2018
79 Section 90 Section 441 Compounding of certain offences February 09, 2018
90 Section 91 Section 446A,446B Factors for determining level of punishment and lesser penalties for OPCs and Small companies February 09, 2018
91 Section 92 Section 447 Punishment for fraud February 09, 2018
92 Section 93 Section 458 Punishment for false statement February 09, 2018

Hope the information will assist you in your Professional endeavours. In case of any query / information, please do not hesitate to write back to us E:pcschinki@gmail.com M:9050320565

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3 Comments

  1. murthy says:

    Nice Article madam

    I have doubt why the Co’s ammendment act has different section no’s

    how to correlate with companies Act 2013, i mean why again different section no’s eg :- sec -5 0f Companies Act is ‘Articles’ where as sec-5 of Ammendment act is ‘Incorporation of company’

    please Explain

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