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