There was no such provision in the erstwhile companies act 1956 see section 372a of companies act 1956. How to rectify the name of a company section 16 of indian companies act 20. No section purpose 1 12 5 change of registered office outside the. The act consolidates and amends the law relating to companies. First notes mca issues further relaxations from certain. Provisions in the indian companies act 20 regarding rectification of name of company is as under. Icai the institute of chartered accountants of india. Sub section 3 of section 141 lays down the criteria which disqualifies a person from acting as an auditor of a company.
Introduction of list sections of companies act 20 with memory chart made easy. All about section 185 of companies act, 20 taxguru. The companies act, 20 empowers the central government cg to make rules in the areas of maintenance of cost records by the companies engaged in specified industries, manufacturing of goods or providing services. Effective from 2nd november, 2018 1 a company incorporated after the commencement of the companies amendment ordinance, 2018 and having a share capital shall not commence any business or exercise any borrowing powers unless a a declaration is filed by a director within a period of one hundred and. The mca had already notified the suite of sections relating to compromises, arrangements and amalgamations on 7 december 2016. The notified sections will be effective from 15 december, 2016, and are likely to bring a. Renuka kumar t he companies act, 20 has given due recognition to the profession of company secretaries and under the new regime they will constitute a vital link between the company, board of directors. Companies auditors report order caro, 2016 taxguru. Full companies act,20 in pdf format hope this will be helpful for all of you. As set out in the 20 act, this section will not be applicable to the. Sep 26, 20 rates of depreciation as per companies act 20. Rectification of name of company section 16 of indian.
This an act to consolidate and amend the law relating to companies. Section 10a of companies act, 20 commencement of business. The act was stated to be effective from 1st april, 2014. With 99 sections of companies act, 20 already notified and more to follow in the near future, its time for private companies in india to get started with the understanding of the act and the possible implications, it can have on the functioning of their companies, more so when we know that the new act is rigid on private companies. The 20 act includes a new section to enable the issue of depository reciepts in any foreign country subject to the prescribed conditions section 41 of 20 act. The companies act, 20 hereinafter known as act has come with a change in the theory of loan and investment by company. Panis bread a company can be defined as an artificial person, invisible, intangible, created under law, with a discrete legal entity, perpetual succession and a common seal. In the 20 act, an exception has been carved out that in cases of limited liability partnership, only the partners who are chartered accountants can act on behalf of the firm under section 141 2.
The companies act, 20 has been notified in the official gazette on 30th august, 20 but the provisions of this act shall come into force on such dates as the central government may notify in the. In section 143,subsection 1, in the proviso,for the words its subsidiaries, the following words shall be substituted, namely. Companies act, 20 analysis of important provisions. The measure is fortified by prescribing that if a shareholder is the related party, that shareholder would have to abstain from voting on the resolution. Cost records and cost audit under companies act, 20. Applicability of provisions of the companies act, 20 on the basis of pecuniary limits. I here list out sections not yet notified as on 26th day march of 2014. Corresponding provisions of companies act, 20 i115 table showing sections of companies act, 1956 not covered in companies act, 20 i129 division one companies act, 20 with rules arrangement of sections of companies act, 20 iiixxviii arrangement of rules framed under companies act, 20 xxixxlii annotated text of the companies act. In section 143,sub section 1, in the proviso,for the words its subsidiaries, the following words shall be substituted, namely. The 20 act introduces a new type of entity to the existing list i. September 20 chartered secretary articles a 325 376 p1022 the companies act, 20 and company secretaries ms. Companies act in pdf is available for students and professionals. Short title, extent,commencement and application 1 this act may be called the companies act, 20. The companies act, 20 passed by the parliament has received the assent of the president of india on 29th august, 20.
Analysis of section 234 of companies act, 20 taxguru. Section 233 of the companies act, 20 provides for simplified procedure for mergers between small companies, holding and subsidiary company or certain class of companies as may be prescribes. Inserted by companies removal of difficulties order dated 29th march, 2016. Income tax benefits available to salaried persons for a. Section 185 explains provisions under company law related to direct or. Scroll down and download check list for annual compliance calendar under companies act. On 30 th august 20 bhadrapada 8, 1935 saka, ministry of law and justice issued a notification regarding the companies act, 20 immediately after it received assent of president of india. Disqualification of auditors section 141 companies act. Companies act, 20 20 act for the following class of companies. The word company was derived from the latin words comwith or together. Section 262 of the companies act, 20 act defines opc as a. Alteration of memorandum and articles to be noted in every copy. Effective provisions of companies act, 20 as on 12th. Proviso to clause 87 of section 2 of the companies act 20.
Checklist of applicable sections private limited company. Section 102 of the companies act, 20 replaces the section 173 of the companies act, 1956 is identical in all respects except the nature of concern or interest in the particular item of business shall be given not only of directors and managers, but also of every other key managerial personnel and also relatives of these directors, managers and key managerial personnel. Mar 26, 2014 the ministry of corporate affairs has notified additional provisions of the companies act, 2014 to be effective form 1st april 2014. Presidents assent on 29 th august 20 law to be operational in phases o 98 sections notified on 12 th september 20 corresponding sections of companies act, 1956 ceased to have effect from that date o no transitional provisions draft rules and corresponding forms issued. The restriction on right to transfer shares as applicable to a private. By virtue of this section of the 20 act, the cost audit would be mandated for certain companies. Section 123 of the companies act,20 as per the newly notified section 123 of the companies act,20, with effect from 01.
The mca through its notifications dated june 2017 and 22 june 2017, provided further. The words save as otherwise provided in this act is to be noticed. Companies act 20 8 huge amount of law has been moved into rules several sections consolidated into single section cnk 5 prescribed 416 times special resolution 74 times approval from cg 15 times prosecution 25 times imprisonment 76 times background. Provided that nothing prescribed in this subsection shall be deemed to prevent a company from including such additional matters in. Be it enacted by parliament in the sixtyfourth year of the republic of india as follows. List sections of companies act 20 with memory chart made easy is available for download at the excellent download file is in the format of doc. Chapter xix revival and rehabilitation of sick companies.
Disqualification of auditors section 141 companies act 20. Companies act 20 complete act citation 63265 bare act. According to section 1 2 of ca 20, this act extends to the whole of india. Section 1 as usual deals with short title, extent, commencement and application.
Prohibition of association or partnership of persons exceeding certain number section 464 of the companies act, 20 payment to director for loss of office, etc. Section 462 power to exempt class or classes of companies from provisions of this act section 463 power of court to grant relief in certain cases section 464 prohibition of association or partnership of persons exceeding certain number. Section 5 of companies act, 20 articles corporate law. Rotation scheme of auditors is applicable to private companies having paid up capital of rs. Powers of board section 179 of the companies act, 20. Reference section 4651 of the companies act, 20 mca. Oct 15, 2015 alignment of financial year under section 241 of companies act, 20 241 financial year, in relation to any company or body corporate, means the period ending on the 31st day of march.
That means the companies act, 20 received the assent of the president on 290820 and section 1 thereof came into force on the same date. Companies act 20 section 366 citation 62767 bare act. Regulation 2 of prohibition of insider trading regulations public financial institution means i the life insurance corporation of india, established under section 3 of the life insurance corporation act, 1956 31 of 1956. An act to consolidate and amend the law relating to companies. Full companies act, 20 in pdf format hope this will be helpful for all of you. The ministry of corporate affairs has notified additional provisions of the companies act, 2014 to be effective form 1 st april 2014 i here list out sections not yet notified as on 26 th day march of 2014 clause 23, sub clause iv of clause 29, sub clause. Only section 1 of the act of 20 came into effect from that day. Notification of various under the companies act, 20 sections.
Commencement and applicability of companies act, 20 aubsp. Section 287 of the companies act, 20 act defines a subsidiary company as under. The companies act 20 contains 470 sections under 29 chapters with seven schedules. Merger or amalgamation of a company with a foreign company is notified vide notification no. Alignment of financial year under section 241 of companies act, 20 241 financial year, in relation to any company or body. Chapter xviii removal of names of companies from the register of companies. Subsidiary company or subsidiary, in relation to any other company that is to say the holding company, means a company in which the holding company i. Certain provisions of the companies act, 20 are applicable only to certain companies such a listed company, a company with a certain turnover or paidup share capital etc. The new act ushers a change for corporate environment and corporate democracy. As per section 16 of indian companies act 20 rectification of name of a company can be done by completing the necessary formalities. All 438 sections of companies act are notified by the ministry of corporate affairs mca and majority of the rules to the various chapters sections of the companies act, 20. Dormant company section 455 of the companies act, 20. Sep 16, 20 section 102 of the companies act, 20 replaces the section 173 of the companies act, 1956 is identical in all respects except the nature of concern or interest in the particular item of business shall be given not only of directors and managers, but also of every other key managerial personnel and also relatives of. Section 123 of the companies act, 20 as per the newly notified section 123 of the companies act, 20, with effect from 01.
Applicability of provisions of the companies act, 20 on the. The title of the act has been provided in subsection 1 of section 1 as the companies act, 20. It is pertinent to note that similar requirements have recently been notified by the central government. Accordingly, queries are being raised by a number of members as to whether any auditors report of a company being signed on or after 01st april, 2014 would be in accordance with the requirements of section 143 of the companies act, 20. Special resolutions under companies act 20 the below chart contains list of special resolutions which are to be passed by all companies wherever required under companies act 20 s. Private companies companies formed with the charitable objects, etc.
Currently the provision of section 81 of the 1956 act relating to the further issue of shares are being used in conjunction with requirements mandated by sebi for the issuance. Complete list of sections of companies act, 20 corporate. Users can get details related to the act, its short title, objectives, definitions, extent and commencement. Clubbing of income under income tax act, 1961 with faqs.
Also, certain companies such as one person companies, small companies, banking companies, insurance companies, etc. New provisions are being brought out by the act to meet the challenges of the changing environment at the national and international level. Clause 23, sub clause iv of clause 29, sub clause ix of clause 67, proviso to clause 87, section. May 2020 edition of my ebook on the companies act, 20 is available for sale from may 4, 2020. This article provides a detailed list of all such provisions and. Section 367 certificate of registration of existing companies. Applicability, nonapplicability of certain provisions of.
The companies act, 20 has been notified in the official gazette on 30th august, 20. The concept of cross border merger has been introduced. To elucidate, this would mean that if anywhere else, i. Information about sections of the act and board of directors of the company is also available. Chapter xxi part i companies authorised to register under this act. Download companies act, 20 in pdf format file in pdf format. Articles effective from 1st april, 2014 1 the articles of a company shall contain the regulations for management of the company. Different perspectives of the companies act, 20 undertaken unless approved by the shareholders, the law has plugged a loophole. List of sections as per companies act 20 companies act 20, rules, circulars, notifications as notified by the ministry of corporate affairs. Is it necessary to give copy of memorandum, articles etc to members penalty in case of default. Along with downloading list of sections as per companies act 20 scroll down and download check list for annual compliance calendar under companies act. Explanatory statement to the notice section 102 of the. The new act provides that intercorporate investments not to be made through more than two layers of investment companies.