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

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.on pcschinki@gmail.com

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Tags : Companies Act (2548) Companies Act 2013 (2320)

2 responses to “Notification of sections under Companies (Amendment) Act, 2017”

  1. pcschinki says:

    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

  2. Padmanabh Ranchhoddas Merchant says:

    are the Rules pertaining to amended sections of the Companies Act, 2013 also notified?

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