Wednesday, 4 December 2013

EFFECTIVE PROVISIONS OF COMPANIES ACT, 2013 with Sections headings from 12th September, 2013

Dear Professional friends & colleagues

Thanks for your generous response to this blog and I apologies for not updating for sometime due to my exams.


List of 98 sections coming into effect from 12/9/2013

2    - Definitions – Certain parts
19  - Subsidiary Company not to hold shares in Holding Company
21  - Authentication of documents, proceedings and contracts
22  - Execution of bills of exchange, etc.
23  - Public offer and private placement. (Partly effective)
24  - Power of Securities and Exchange Board to regulate issue and transfer of securities, etc. 
25  - Document containing offer of securities for sale to be deemed prospectus (Partly effective) 
29  - Public offer of securities to be in dematerialised form. 
30  - Advertisement of  Prospectus 
31  - Shelf Prospectus
32  - Red herring prospectus
33  - Issue of Application form for Securities  (Partly effective)
34  - Criminal liability for misstatements in prospectus
35  - Civil liability for misstatements in prospectus (Partly effective)
36  - Punishment for fraudulently inducing persons to invest money.
37  - Action by affected persons
38  - Punishment for personation for acquisition,  etc., of securities.
39  - Allotment of securities by Company (Partly effective)
40  - Securities to be dealt with in stock exchanges. (Partly effective)
44  - Nature of shares or debentures.
45  - Numbering of shares
49  - Calls on shares of same class to be made on uniform basis.
50  - Company to accept unpaid  share capital, although not called up.
51  - Payment of dividend in proportion to amount paid up
57  - Punishment for personation of shareholder.
58  - Refusal of registration and appeal against refusal.
59  - Rectification of register of members.
60  - Publication of authorised, subscribed and paid-up capital.
65  - Unlimited company to provide for reserve share capital on  conversion into limited company.
69  - Transfer of certain sums to capital redemption reserve account.
70  - Prohibition for buyback (Partly effective)
86  - Punishment for contravention
91  - Power to close register of members or debentureholders or other security holders.
100- Calling of EGM (Part)
102- Statement to be annexed to notice
103- Quorum for meetings
104- Chairman for meetings (Partly effective)
105- Proxies (Partly effective)
106- Restriction on voting rights.
107- Voting by show of hands
111- Circulation of members’ resolution.
112- Representation of President and Governor in meetings
113-Representation of corporations at meeting of companies and of creditors. (Partly effective)
114- Ordinary & Special resolutions
116- Resolutions passed at adjourned meeting
127-Punishment for failure to distribute dividends.
133-Central Government to prescribe accounting standards.
161-Appointment of additional director, alternate director and nominee director. (Partly effective)
162-Appointment of directors  to be voted individually.
163-Option to adopt principle of proportional representation for appointment of directors. 
176–Defects in appointment of directors not to invalidate actions taken.
180- Restrictions on powers of Board
181–Company to contribute to bona fide and charitable funds, etc.
182-Prohibitions and  restrictions regarding political contributions.
183-Power of Board and other persons to make contributions to national defence fund, etc. 
185- Loans to Directors, etc 
192-Restriction on non-cash transactions involving directors.
194-Prohibition on forward dealings in securities of company by director or key managerial personnel.
195-Prohibition on insider trading of securities.
202-Compensation for loss of office of managing or whole-time director or manager.
379-Application of Act to foreign companies.
382-Display of name, etc., of foreign company.
383-Service on Foreign Company
386-Debentures, annual return, registration of charges, books of account and their inspection. (Partly 
       effective)
394-Annual reports on Government companies.
405-Power of Central Government to direct companies to furnish information or statistics.
407 to 414 – NCLT – Constitution, etc
439- Offences to be non cognizable
443- Power of Central Government to appoint company prosecutors.
444- Appeal against acquittal
445-Compensation for accusation without reasonable cause.
446- Application of fines
447- Punishment for fraud
448- Punishment for false statement
449-Punishment for false evidence
450- Punishment where no specific penalty or punishment is provided.
451-Punishment in case of repeated default. 
452-Punishment for wrongful withholding of property.
453-Punishment for improper use of “Limited” or “Private Limited”.
456-Protection of action taken in good faith.
457-Nondisclosure of information in certain cases.
458-Delegation by Central Governemnt of its powers and functions.
459-Powers of Central Government or Tribunal to accord approval, etc., subject to conditions and to 
       prescribe fees on applications.
460-Condonation of delay in certain cases.
461-Annual report by Central Government.
462-Power to exempt class or classes of companies from provisions of this Act.
463-Power of court to grant relief in certain cases.
467-Power of Central Government to amend Schedules.
468-Power of Central Government to amend Schedules.
469-Power of Central Government to make rules.

470- Power to remove difficulties.


For complete Companies Act, 2013 follow this click here


Best regards

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