Notification 70 Sections of Companies Amendment Act, 2017

Notification 70 Sections of Companies Amendment Act, 2017

MCA vide notification dated: 07th May, 2018 has notified 28 Section of Companies Amendment Act, 2018 (LIST A).  MCA has already notified below mentioned 43 sections of Companies Amendment Act, 2017 w.e.f. 9th February, 2018 (LIST B).

Now total 70 sections out of 93 section of Companies Amendment Act, 2017 has been notified. 43 Sections notified on 09th February, 2018 and 28 sections notified on 07th May, 2018. (Section 2 covered in Both List A and B therefore counted as one section)

LIST A
S. No.
Section No. of
Amendment Act, 2017
Section No. of
Companies Act, 2013 
Particular of Section
1
Section 2 Clause (i) and (xiii)
Section 2
Definitions
2
Section 8
Section 26
Matter to be stated in Prospectus
3
Section 13
Section 54
Issue of Sweat Equity Shares
4
Section 18
Section 77
Duty to Register charge
5
Section 19
Section 78
Application for registration of charge
6
Section 21 Clause (i) (ii)
Section 89
Declaration in respect of beneficial interest in any share
7
Section 23 clause (iii) & (iv)
Section 92
Annual Return
8
Section 30
Section 117
Resolution and agreements to be filed
9
Section 31
Section 121
Report on Annual General Meeting
10
Section 33
Section 129
Financial Statement
11
Section 39
Section 137
Copy of financial statement to be filed with Registrar
12
Section 40
Section 139
Appointment of Auditors
13
Section 46
Section 149
Company to have Board of Directors
14
Section 49
Section 157
Company to inform Director identification Number to Registrar
15
Section 52
Section 164
Disqualifications for appointment of Director
16
Section 54
Section 167
Vacation of office of Director
17
Section 55
Section 168
Resignation of Director
18
Section 56
Section 173
Meeting of Board
19
Section 57
Section 177
Audit Committee
20
Section 58
Section 178
Nomination and Remuneration Committee and Stakeholders Relationship Committee
21
Section 61
Section 185
Loan to Directors
22
Section 62
Section 186
Loan and investment by Company
23
Section 80 Clause (i) (ii)
Section 403
Fee for Filing etc
24
Section 83
Section 410
Constitution of Appellate Tribunal
25
Section 86
Section 435
Establishment of Special Courts
26
Section 87
Section 438
Application of code of proceedings before special court
27
Section 88
Section 439
Offences to be non-cognizable
28
Section 89
Section 440
Transitional provisions


LIST B
MCA has already notified below mentioned 43 sections of Companies Amendment Act, 2017 w.e.f. 9th February, 2018.

S. No.
Section No. of
Amendment Act, 2017
Section No. of
Companies Act, 2013 
Particular of Section
Section 2
Section 2
Definations (except definition of Associate & Subsidiary)
29
Section 3
New Section 3A
Member severally liable in certain cases
30
Section 7
Section 21
Authentication of Documents, Proceeding & Contracts
31
Section 9
Section 35
Civil Liability for mis-statement in prospectus
32
Section 11
Section 47
Voting Right
33
Section 12
Section 53
Prohibition on issue of shares at discount
34
Section 14
Section 62
Further issue of share capital
35
Section 17
Section 76A
Penalty on Deposit
36
Section 27
Section 100
Calling of extra ordinary general meeting
37
Section 28
Section 101
Notice of Meeting
38
Section 29
Section 110
Postal Ballot
39
Section 32
Section 123
Declaration of Dividend
40
Section 34
Section 130
Re opening of accoiunts of courts or tribunals order
41
Section 35
Section 132
Constitution of National financial reporting authority
42
Section 38
Section 136
Right of members to copies of audited financial statement
43
Section 41
Section 140
Removal, resignation of auditor
44
Section 42
Section 141
Eligibility, qualifications and disqualification of auditors
45
Section 43
Section 143
Power and duties of auditors and autiding standards
46
Section 44
Section 147
Punishment for contravention
47
Section 45
Section 148
Central govt. to specify audit of items of cost in respect of certain companies
48
Section 47
Section 152
Appointment of Directors
49
Section 48
Section 153
Application of allotemnt of DIN
50
Section 50
Section 160
Right of persons other than retiring directors to stand for directorship
51
Section 51
Section 161
appointment of additional director, alternate director and nominee director
52
Section 53
Section 165
Number of directorship
53
Section 59
Section 180
Restrictions of power of board
54
Section 60
Section 184
Disclosure of interest by Director
55
Section 63
Section 188
Related party transaction
56
Section 65
Section 195
Prohibition on insider trading of securities
57
Section 64
Section 194
Prohibition on forward dealings in securities  of company by director or key managerial personnel
58
Section 72
Section 223
Inspector's Report
59
Section 73
Section 236
Purchase of minority shareholding
60
Section 74
Section 247
valuation by registered valuer
61
Section 77
Section 379
Application of act to foreign companies
62
Section 78
Section 384
Debentures, annual return, registered of charge, books of account
63
Section 79
Section 391
Application of section 34 to 36 and chapter XX
64
Section 82
Section 409
Qualification of president and member of tribunal
65
Section 84
Section 411
Qualification of chair person and member of appellate tribunal
66
Section 85
Section 412
Selectio nof members of Tribunal and appellate tribunal
67
Section 90
Section 441
Compounding of certain offences
68
Section 91
Section 446
Insertion of new section 446A and 446B
69
Section 92
Section 447
Punishment for fraud
70
Section 93
Section 458
Delegation by central government of its powers and functions
Disclaimer: The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, I assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. I assume no responsibility for the consequences of use of such information. IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION.

Comments

  1. Nice sharing
    M. S. Buchasia & Associates CS Ip Manish Buchasia
    Practising Company Secretaries Insolvency and Bankruptcy Professional
    www.buchasia.com www.ip.buchasia.com
    manishbuchasiacs@gmail.com

    ReplyDelete
  2. Sir, How itz psble that section number will chnage wid companies Act, 2013.or it is like that Companies Amendment Act, 2017 replace Companies Act 2013. Litbit confused.

    ReplyDelete

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