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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The amendments under the Companies (Amendment) Act, 2017, are broadly aimed at: addressing difficulties in implementation owing to stringent compliance requirements; facilitating ease of doing business in order to promote growth with employment; harmonisation with the Accounting Standards, the Securities and Exchange Board of India Act, 1992 and the regulations made thereunder, and the Reserve Bank of India Act, 1934 and the regulations made thereunder;
In case of Incorporation, name reserved by the Registrar of Companies shall be valid for 20 days instead of 60 days from the date of application, as currently provided. Now, Sweat Equity shares can be issued at any time after the registration of the Company. Currently, it can be issued after one year from the commencement of business.
This article seeks to analyse Section 185 of Companies Act, 2013, before and after the Companies Amendment Act 2017. An effort is also made to ascertain the impact of the amendment in Section 185 vide Companies Amendment Act 2017 on other provisions of the Companies Act 2013.
Companies (Amendment) Bill, 2017 having received the President’s Assent on the 3rd Day of January, 2018 was published in the Official Gazette for general information to the Public on the same date, i.e., on the 3rd Day of January, 2018 as COMPANIES (AMENDMENT) ACT, 2017 further amending the Companies Act, 2013.
Companies (Amendment) Bill, 2017 was introduced in Lok Sabha on March 16, 2016 then the Bill was referred to the Standing Committee on Finance on 12 April, 2016 and Committee after hearing the views of different representatives and professionals adopted its report on 30th November, 2016.
Stakeholders of Condonation of Delay Scheme (CODS) (notified vide General Circular No.16/2017 dated 29th December 2017) may kindly note that the process for ‘reactivation’ of the DINs in respect of disqualified Directors has been completed and the status of the relevant DINs can be checked now. Stakeholders are therefore requested to file necessary ‘overdue documents’ […]
Handy list for various Limits under Companies Act 2013
Corporate Social Responsibility (CSR), should, on one hand, reflect the Corporate Philosophy and on the other hand should ensure implementation of those activities which would meet the expectations of the society and the region in which the company functions.
Section 53 of the Companies Act, 2013 prohibited issuance of shares at a discount. The Companies Amendment Act 2017 now allows companies to issue shares at a discount to its creditors when its debt is converted into shares in pursuance of any statutory resolution plan such as resolution plan under the Code or debt restructuring scheme.
In accordance with the amendments proposed in Companies (Amendment) Act, 2017, companies are required to take care of the impacts of the same on the provisions of the Companies Act, 2013 while carrying out its operations in order to avoid non-compliance and penalties prescribed under Companies Act, 2013.
