The Companies Act is a legislation that governs the formation, functioning, and management of companies. Explore the key provisions, compliance requirements, and legal framework under the Companies Act.
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Today i.e. October 23, 2013 is the last date for submission of suggestions/ comments for the 2nd tranche of Draft Rules being framed under the Companies Act, 2013. Earlier, the Ministry of Corporate Affairs had extended the date by 4 days to 23rd October 2013.
a) Private company can have a maximum of 200 members (earlier limit was upto 50). (Clause 2(68)). b) The maximum limit of directors in the Company has been increased to 15 with a power to add more directors upon passing of Special Resolution without taking CG approval as earlier required. One director can also form a company .
The Directors Report is the part of Annual Report in which the details of Company has been mentioned. There is no restriction to put any matter in the Directors Report if the Directors have intention to mention there apart from legal provisions. In view of this various company put a lot of matters, issues and publications which are not mandatory for putting in the Directors Report but if directors do, they may.
The concept of having a body such as National Financial Reporting Authority is not new as such. The Institute of Chartered Accountants of India already has many of these powers. In the Companies (Amendment) Act, 1999, new sub-sections (3A), (3B) and (3C) were inserted in section 211
The Ministry of Corporate Affairs has extended by 4 days the last date for submission of suggestions/ comments for the 2nd tranche of Draft Rules being framed under the Companies Act, 2013. Earlier, the last date was fixed as 19th of this month but now it has been extended to 23rd October 2013.
The much-awaited Companies Bill, 2013 got the President’s assent on 29 August 2013. The new Companies Act, 2013 seeks to consolidate and amend the law relating to the companies and intends to improve corporate governance, raise levels of transparency and to further strengthen regulations for corporates. The Act has made significant changes to the provisions of law and has introduced several new concepts.
1) Section 19: Subsidiary company not to hold shares in its holding company:- The company shall not either by itself or through its nominees, holds any shares in its holding company and no holding company shall allot or transfer its shares to any of its subsidiary companies
if the entire (100%) shareholding of a Indian private company is held by a public limited company incorporated outside India together with the other foreign company (ies), if any, then it will be treated as private company according to Indian companies laws.
The new law is going to change the life of auditors as well as auditee. While the new role of auditors make them more responsible and accountable, the auditee’s financial statements shall have to be more explicit, self explanatory, transparent and fair.
The Ministry of Corporate Affairs by notification dated 12th September 2013 has appointed 12th of September 2013 as the date on which certain provision of the Companies Act, 2013 shall come into force. In this context, I have prepared two tables, one for definitions that have not come into force
