In this Flash editorial, the author begins by referring the Impact of Companies Amendment Act, 2017 on Private Limited Companies. The major amendments in the Amendment Act, 2017 include clarity on definitions for identifying Associate Companies, Holding & Subsidiary Companies, Related Parties etc;, simplification of the private placement procedure, removal of requirement for annual ratification of auditor, rationalization of provisions related to loan to directors, and doing away with the requirement of approval of the Central Government for managerial remuneration above prescribed Limits.
The Companies (Amendment) Bill, 2017 has proposed significant Amendments to Companies Act, 2013 which includes amendment to Section 185 and 186 of Companies Act, 2013 related to Loans to directors, etc. In this Article I have tried to analyse the proposed amendments to Section 185 and 186 of Companies Act, 2013.
To issue further shares there are following ways: (i) Right Issue of Shares (ii) Private Placement of Shares (iii) Preferential Allotment of Shares. In this editorial author shall talk about the provisions of Private Placement of Shares after Amendment in Companies Act, 2013 vide Companies (Amendment) Act, 2017.
A. Incorporation of Company: At the time of incorporation of the company, declaration by each subscriber will be required to be attached instead of an affidavit, as currently provided. B. Register Office: The company shall within 30 days of its incorporation have registered office instead of current requirement to have registered office on and from the fifteenth day of its incorporation.
Highlights of some Major Relaxation under Companies Act, 2017 to make it- Business Friendly- Apart from KMP and any officer of the Company, an employee can also be authorised to authenticate documents on behalf of the Company.
Lesser Penalties for One Person Company or Small Companies: Under Companies Act, 2013 there are no provision in respect of lesser penalty on any kind of Company. Penalties are same on all type of Companies irrespective of their Capital, turnover etc.
Condonation of Delay Scheme 2018 allows the Defaulting Companies (other than the companies which have been struck off/ whose name have been removed from the register of Companies u/s 248(5)) to file its overdue documents which were due for filing till 30.06.2017 in accordance with provisions of the scheme.
The major amendments proposed in the Companies Amendment Bill, 2017 include clarity on definitions for identifying Associate Companies, Holding & Subsidiary Companies, Related Parties etc;, simplification of the private placement procedure, removal of requirement for annual ratification of auditor, rationalization of provisions related to loan to directors, and doing away with the requirement of approval of the Central Government for managerial remuneration above prescribed Limits.
Article discusses Time Period for Filing of Appeal in National Company Law Appellate Tribunal (NCLAT) against the order of adjudicating authority in the light of Section 62(2) of Insolvency and Bankruptcy Code, 2016 and NCLAT Judgments in the case of Steam Amod Amladi V/s. Mrs. Sayali Rane & Anr and Nityanand Singh and Co. V/s Ferrous Infrastructure Pvt. Ltd.
In this editorial author discusses Judgment National Company Law Appellate Tribunal (NCLAT) in the case of Steamline Industries Ltd Vs. Tecpro Systems Ltd with reference to Section 14(1)(a) and 238 of the nsolvency and Bankruptcy Code, 2016 (IBC, 2016) on the issue Whether Pending Proceeding before Honourable High Court can be peruse after declaration of Moratorium in IBC, 2016
