List of Notified Sections- Companies Amendment Act, 2020- As of 10th March 2021
Summary:
The government has passed the Companies (Amendment) Bill, 2020 as Bill No. 88 of 2020 to further amend the Companies Act, 2013 on March 12, 2020. Companies (Amendment) Bill, 2020 based on CLC Committee. CLC Committee submitted its report in November 2019.
There are amendments in 66 Sections of the Companies Act, 2013
Title | Ministry | Introduced in LS/ RS | Passed in LS | Passed in RS |
The Companies (Amendment) Bill, 2020 | Corporate Affairs | March 17, 2020 | September 19 ,2020 | September 22 ,2020 |
45 Sections: Ministry of Corporate Affairs by Circulated Dated 21st December 2020 has already notified 45 Sections of the Companies Amendment Act, 2020 w.e.f. 21st December 2020. Out of 66 Sections, 21 Sections are pending.
12 Sections Ministry of Corporate Affairs has further issued one more Circular Dated January 22, 2021, and notified 12 more sections of the Companies Amendment Act, 2020 w.e.f. January 22, 2021. Out of the remaining 21 sections, 9 Sections are pending.
2 Sections: MCA has further issued one more notification recently on 11th February 2021 and notified 2 more sections of the Companies Amendment Act, 2020. Out of the remaining 09 sections, 7 Sections are pending.
Therefore, total 7 (4,5,23,32,40,45,56) sections out of 66 sections of Companies (Amendment) Act, 2020 is still pending for notification.
S. No. | Section of CA 2020. | Section of CA 2013 | Name of Section |
1. | 1 | 1 | Short Title, Extent, Commencement and Application. |
2. | 2 | 2 | Definition |
3. | 3 | 8 | Formation of Companies with Charitable Objects, etc. |
4. | 6 | 26 | Matters to be Stated in Prospectus |
5. | 7 | 40 | Securities to be Dealt with in Stock Exchanges |
6. | 8 | 48 | Variation of Shareholders’ Rights. |
7. | 9 | 56 | Transfer and Transmission of Securities |
8. | 10 | 59 | Rectification of Register of Members. |
9. | 11 | 62 | Further issue of share (right issue) |
10. | 12 | 64 | Notice to be Given to Registrar for Alteration of Share Capital |
11. | 13 | 66 | Reduction of Share Capital. |
12. | 14 | 68 | Power of Company to Purchase its Own Securities |
13. | 15 | 71 | Debentures |
14. | 16 | 86 | Punishment for Contravention. |
15. | 17 | 88 | Register of Members, etc. |
16. | 18(a) and (b) and (c) | 89 | Declaration in Respect of Beneficial Interest in any Share |
17. | 19 | 90 | Register of significant beneficial owners in a company |
18. | 20 | 92 | Annual Return |
19. | 21 | 105 | Proxies |
20. | 22 (i & ii) | 117 | Resolutions and Agreements to be Filed |
21. | 24 | 128 | Books of Account, etc., to be kept by Company |
22. | 25 | New 129A | New Section – Periodical Financial Result. |
23. | 26 | 134 | Financial Statement, Board’s Report, etc. |
24. | 27 | 135 | CSR |
25. | 28 | 137 | Copy of Financial Statement to be Filed with Registrar |
26. | 29 | 140 | Removal, Resignation of Auditor and Giving of Special Notice |
27. | 30 | 143 | Powers and Duties of Auditors and Auditing Standards |
28. | 31 | 147 | Punishment for Contravention |
29. | 33 | 165 | Number of Directorships |
30. | 34 | 167 | Vacation of Office of Director |
31. | 35 | 172 | Punishment |
32. | 36 | 178 | Nomination and Remuneration Committee and Stakeholders Relationship Committee |
33. | 37 | 184 | Disclosure of Interest by Director |
34. | 38 | 187 | Investments of Company to be Held in its Own Name |
35. | 39 | 188 | Related Party Transactions |
36. | 41 | 204 | Secretarial Audit for Bigger Companies |
37. | 42 | 232 | Merger and Amalgamation of Companies. |
38. | 43 | 242 | Powers of Tribunal |
39. | 44 | 243 | Consequence of Termination or Modification of Certain Agreements |
40. | 46 | 284 | Promoters, Directors, etc., to Cooperate with Company Liquidator. |
41. | 47 | 302 | Dissolution of Company by Tribunal. |
42. | 48 | 342 | Prosecution of Delinquent Officers and Members of Company |
43. | 49 | 347 | Disposal of Books and Papers of Company. |
44. | 50 | 348 | Information as to Pending Liquidations. |
45. | 51 | 356 | Powers of Tribunal to Declare Dissolution of Company Void. |
46. | 52 | 378A to 378ZU | a new chapter for provisions of Producer Company shall be added |
47. | 53 | 379 | Application to act to a Foreign Company |
48. | 54 | 392 | Punishment for Contravention |
49. | 55 | 393A | New Section – Exemption under Chapter 22 |
50. | 57 | 405 | Power of Central Government to Direct Companies to Furnish Information or Statistics. |
51. | 58 | 410 | Constitution of the Aappellate Tribunal |
52. | 59 | 418 | Staff of the Tribunal and the Appellate Tribunal |
53. | 60 | 435 | Establishment of the special Court |
54. | 61 | 441 | Compounding of Certain Offences |
55. | 62 | 446B | Lesser penalty of an OPC or the Small Company |
56. | 63 | 450 | Punishment Where No Specific Penalty or Punishment is Provided. |
57. | 64 | 452 | Punishment for the wrongful withholding of the property |
58. | 65 | 454 | Adjudication of the penalty |
59. | 66 | 465 | Repeal of Certain enactments savings |
Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at [email protected]).
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