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Showing posts with label MCA Notifications. Show all posts
Showing posts with label MCA Notifications. Show all posts

MCA - Amendment in schedule VII of Companies Act, 2013

Thursday, August 21, 2014 Posted by Unknown , , No comments
Notification, [F. No. 1/18/2013-CL-V], dated 06th August, 2014

G.S.R. 568(E).—In exercise of the powers conferred by sub-section (1) of section 467 of the
Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following further amendments in Schedule VII of the said Act, namely:-

(1) In Schedule VII, after item (x), the following item and entry shall be inserted, namely:-

“(xi) slum area development.

Explanation.— For the purposes of this item, the term ‘slum area’ shall mean any area declared as such by the Central Government or any State Government or any other competent authority under any law for the time being in force.”

2. This notification shall come into force on the date of its publication in the Official Gazette.
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MCA Notification dated 25th July, 2014

Notification, File No. l/5/2013-CL-V, dated 25th July, 2014

S.O. ----(E). - In exercise of the powers conferred by the second proviso to sub-section (1) of section 203 of the Companies Act, 2013 (18 of2013), the Central Government hereby notifies that public companies having paid-up share capital of rupees one hundred crore or more and annual turnover of rupees one thousand crore or more which are engaged in multiple businesses and have appointed Chief Executive Officer for each such business shall be the class of companies for the purposes of the second proviso to sub-section (1) of section 203 of the said Act.

Explanation. - For the purposes of this notification, the paid-up share capital and the annual turnover shall be decided on the basis of the latest audited balance sheet.
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Companies (Registration Offices and Fees) Amendment Rules, 2014

Notification, [F. No.1/5/2014-CL-V], dated 28th April, 2014

G.S.R. 297(E).— In exercise of the powers conferred by Sections 396, 398, 399, 403 and section 404, read with sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules to amend the Companies (Registration Offices and Fees) Rules, 2014, namely:—

1. (1) These rules may be called the Companies (Registration Offices and Fees) Amendment Rules, 2014.

     (2) They shall come into force with effect from the 28th day of April, 2014.

2. In the Companies (Registration Offices and Fees) Rules, 2014 (herein after referred to as the said rules), in rule 8, after sub-rule (11), following sub-rule shall be inserted, namely:—

(12) (a) The following e-forms filed by companies, other than one person companies and small companies, under sub-rule (1) of rule 9, shall be pre-certified by the Chartered Accountant or the Company Secretary or as the case may be the Cost Accountant, in whole-time practice, namely:-

INC-21, INC-22, INC-28, PAS-3, SH-7, CHG-1, CHG-4, CHG-9, MGT- 14, DIR-6, DIR-12, MR-1, MR-2, MSC-1, MSC-3, MSC-4, GNL-3, ADT-1, NDH-1, NDH-2, NDH-3;

(b) The following e-forms filed by companies, other than one person companies and small companies, under sub-rule (1) of rule 9, shall be pre-certified in the following manner, namely:—

(i) GNL-1 - optional pre-certification by the Chartered Accountant or the Company Secretary or as the case may be the Cost Accountant, in whole-time practice;

(ii) DPT-3 – certification by Auditors of the company;

(iii) MGT-10-certification by a Company Secretary in whole-time practice;

(iv) AOC-4- certification by a Chartered Accountant in whole-time practice;

(c) E-form DIR-3 shall be filed along with attestation of photograph, identity proof and proof of residence of the applicant by the Chartered Accountant or the Company Secretary or as the case may be the Cost Accountant, in whole-time practice.”

3. In the said rules, in rule 9, for sub-rule (1), the following sub-rule shall be substituted, namely:—


"(1) The Central Government shall set up and maintain a secure centralised electronic registry in which all the applications, financial statement, prospectus, return, register, memorandum, articles, particulars of charges, or any particulars or returns or any other documents under the Act shall be filed and stored electronically."
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Notification for Registrar of Companies at Hyderabad having territorial jurisdiction in the whole State of Telangana

Notification, [F N 7/4/2014-CL.I], dated 13th June, 2014

S.O. _________ (E). –In exercise of powers conferred by Sub-Section (1) and Sub-Section (2) of Section 396 of the Companies Act, 2013 (18 of 2013), the Central Government hereby establish the office of the Registrar of Companies at Hyderabad having territorial jurisdiction in the whole State of Telengana for discharging the functions of the Registrar of Companies under various provisions of the said Act and appoints the Registrar of Companies, Hyderabad as Registrar of Companies for the purpose of registration of companies under the said Act in the State of Telengana.

2. This notification shall come into force from the date of its publication in the Official Gazette.
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Notification for the Official Liquidator at Hyderabad having territorial jurisdiction in the whole State of Telangana

Notification, [F N 7/4/2014-CL.I], dated 13th June, 2014

S.O. _________ (E). –In exercise of powers conferred by Section 448 of the Companies Act, 1956 (1 of 1956), the Central Government hereby establish the office of the Official Liquidator at Hyderabad having territorial jurisdiction for the purposes of the said Act for discharging the functions of the Official Liquidator in the whole State of Telengana and appoints the Official Liquidator at Hyderabad as Official Liquidator for the liquidation of companies under the said Act in the State of Telengana.

2. This notification shall come into force from the date of its publication in the Official Gazette.
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Companies (Meetings and Powers of Board) Amendment Rules, 2014

Notification, [F.No.1/32/2013-CL-V Pt.], dated 12th June, 2014

G.S.R .............- In exercise of the powers conferred under Sections 173, 175,177,178, 179,184, 185 , 186, 187, 188, 189 and Section 191 read with Section 469 of  the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules to amend the Companies (Meetings and Powers of Board) Rules, 2014, namely:-

1. (1) These rules may be called the Companies (Meetings and Powers of Board) Amendment Rules, 2014.

    (2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Companies (Meetings and Powers of Board) Rules, 2014, in rule 6, after the explanation, the following shall be inserted, namely:-

"Provided that public companies covered under this rule which were not required to constitute Audit Committee under Section 292A of the Companies Act, 1956 (1 of1956) shall constitute their Audit Committee within one year from the commencement of these rules or appointment of independent directors by them, whichever is earlier:

Provided further that public companies covered under this rule shall constitute their Nomination and Remuneration Committee within one year from the commencement of these rules or appointment of independent directors by them, whichever is earlier.".
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Companies (Declaration and Payment of Dividend) Amendment Rules, 2014

Notification, [File No. 1/31/2013-CL.V], dated 12th June, 2014

G.S.R……… (E). -  In exercise of the powers conferred under sub-section (1) of Section 123 read with Section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules to amend the Companies (Declaration and Payment of Dividend) Rules, 2014, namely:—

1. (1) These rules may be called the Companies (Declaration and Payment of Dividend) Amendment Rules, 2014.

     (2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Companies (Declaration and Payment of Dividend) Rules, 2014, in rule 3, for sub-rule (5), the following sub-rule shall be substituted, namely:—

"(5) No company shall declare dividend unless carried over previous losses and depreciation not provided in previous year or years are set off against profit of the company of the current year."
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Commencement of provisions of sub sections (2) and (3) of section 74

Notification, [F. No. 1/8/2013-CL-V], dated 6th June, 2014

S.O. 1459(E).— In exercise of the powers conferred by sub-section (3) of Section 1 of the Companies Act, 2013 (18 of 2013), the Central Government hereby appoints the 6th day of June, 2014 as the date on which the provisions of sub-sections (2) and (3) of Section 74 of the said Act shall come into force.
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Companies (Acceptance of Deposits) Amendment Rules, 2014

Notification, [F. No 1/8/2013-CL-V], dated 6th June, 2014

G.S.R. 386(E). — In exercise of the powers conferred by Sections 73 and 76 read with sub-section (1) of Section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules to amend the Companies (Acceptance of Deposits) Rules, 2014, namely:-

1. (1) These rules may be called the Companies (Acceptance of Deposits) Amendment Rules, 2014.

     (2) They shall come into force from the date of their publication in the Official Gazette.

2. In the Companies (Acceptance of Deposits) Rules, 2014, in rule 5, in sub-rule (1), the following proviso shall be inserted, namely:-

“Provided that the companies may accept the deposits without deposit insurance contract till the 31st March, 2015.”
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MCA Notification - Delegation of Powers under Section 458 of Companies Act, 2013 to ROCs

Notification, [F.No.1/6/2014-CL.V], dated 21st May, 2014

Delegation of Powers under Section 458 of Companies Act, 2013 to ROCs

S.O. __________ (E). - In exercise of the powers conferred by Section 458 of the Companies Act, 2013 (18 of 2013), and in supersession of the notification of the Government of India, Ministry of Corporate Affairs, dated the 10th July, 2012, published in the Gazette of India, Extraordinary, Part-II, section 3, sub-section (ii) vide number S.O. 1538 (E), dated the 10th July, 2012, in so far as it relates to items (a) to (b) and items (d) to (e), except as respects things done or omitted to be done before such supersession, the Central Government hereby delegates to the Registrar of Companies, the power and functions vested in it under the following sections of the said Act, subject to the condition that the Central Government may revoke such delegation of powers or may itself exercise the powers and functions under the said sections, if in its opinion, such a course of action is necessary in the public interest, namely: -

(a) Sub-Section (2) of Section 4;
(b) Sub-Section (1) of Section 8;
(c) Clause (i) of Sub-Section (4) of Section 8, except for alteration of memorandum in case of conversion into another kind of company;
(d) Sub-Section (5) of Section 8; and
(e) Sub-Section (2) of Section 13.

2. This notification shall come into force from the date of its publication in the Official Gazette.
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MCA Notification- Delegation of Powers under Sections 153 and 154 of Companies Act, 2013 to RD, Noida

Notification, [F No 1/6/2014-CL.V], dated 21st May, 2014

Delegation of Powers under Sections 153 and 154 of Companies Act, 2013 to Regional Director at Noida

S.O._________ (E).- In exercise of the powers conferred by section 458 of the Companies Act, 2013 (18 of 2013), and in supersession of the notification of the Government of India, Ministry of Corporate Affairs, dated the 10th July, 2012, published in the Gazette of India, Extraordinary, Part-II, Section 3, sub-section (i), vide number GSR 650(E), dated the 19th October, 2006, except as respects things done or omitted to be done before such supersession, the Central Government hereby delegates the powers and functions of the Central Government in respect of allotment of Director Identification Number under Section 153 and 154  of the said Act to the Regional Director, Joint Director, Deputy Director or Assistant Director posted in the office of Regional Director at Noida.


2. This notification shall come into force with effect from the date of its publication in the Official Gazette.
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MCA Notification - Delegation of Powers under Section 458 of Companies Act, 2013 to RDs

Notification, [F No 1/6/2014-CL.V], dated 21st May, 2014

Delegation of Powers under Section 458 of Companies Act, 2013 to RDs

S.O._________ (E).- In exercise of the powers conferred by section 458 of the Companies Act, 2013 (18 of 2013), and in supersession of the notification of the Government of India, Ministry of Corporate Affairs, dated the 10th July, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (ii) vide number S.O. 1539 (E), dated the 10th July, 2012, in so far as it relates to items (a) to (f) and item (n), except as respects things done or omitted to be done before such supersession, the Central Government hereby delegates to the Regional Directors at Mumbai, Kolkata, Chennai, Noida, Ahmedabad, Hyderabad and Shillong, the power and functions vested in it under the following sections of the said Act, subject to the condition that the Central Government may revoke such delegation of powers or may itself exercise the powers under the said sections, if in its opinion such a course of action is necessary in the public interest, namely :-

(a) Clause (i) of Sub-Section (4) of Section 8 (for alteration of memorandum in case of conversion into another kind of company);
(b) Sub-Section (6) of Section 8;
(c) Sub-sections (4) and (5) of Section 13;
(d) Section 16;
(e) Section 87;
(f) Sub-Section (3) of Section 111;
(g) Sub-Section (1) of Section 140; and
(h) Proviso (i) to Sub-Section (1) of Section 399.

2. This notification shall come into force with effect from the date of its publication in the Official Gazette.
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Companies Act 2013 – Statement of Notification of Rules

Companies Act 2013 – Statement of Notification of Rules

Sr.
No.
Particulars of Rules
Effective
Date
01.
Companies (Specification of definitions details) Rules, 2014.
01/04/2014
02.
Companies (Accounts) Rules, 2014
01/04/2014
03.
Companies (Meetings of Board and its Powers) Rules, 2014.
01/04/2014
04.
Companies (Declaration and Payment of Dividend) Rules, 2014.
01/04/2014
05.
Companies (Audit and Auditors) Rules, 2014.
01/04/2014
06.
Companies (Inspection, Investigation and Inquiry) Rules, 2014.
01/04/2014
07.
Companies (Registration Offices and Fees) Rules, 2014.
01/04/2014
08.
Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014
01/04/2014
09.
Companies (Incorporation) Rules, 2014.
01/04/2014
10.
(i) Companies (Prospectus and Allotment of Securities) Rules, 2014.

(ii) Companies (Issue of Global Depository Receipts) Rules, 2014.
01/04/2014


01/04/2014
11.
(i) Companies (Miscellaneous) Rules, 2014.

(ii) Companies (Adjudication of Penalties) Rules, 2014.
01/04/2014

01/04/2014
12.
Companies (Acceptance of Deposits) Rules, 2014.
01/04/2014
13.
Companies (Authorised to Registered) Rules, 2014.
01/04/2014
14.
Nidhi Rules, 2014.
01/04/2014
15.
Companies (Appointment and Qualification of Directors) Rules, 2014.
01/04/2014
16.
Companies (Management and Administration) Rules, 2014.
01/04/2014
17.
Companies (Share Capital and Debentures) Rules, 2014.
01/04/2014
18.
Companies (Registration of Foreign Companies) Rules, 2014.
01/04/2014
19.
Companies (Registration of Charges) Rules, 2014.
01/04/2014
20.
Schedule II
01/04/2014
21.
Corrigenda on Schedule VII
01/04/2014
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Source: Ministry of Corporate Affairs.
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