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Key amendments proposed in Companies Act, 2013.

rajagopal S
Auditor appointment: Bill removes annual member ratification and eases rules on loans, remuneration and private placements. Proposed amendments streamline appointment, related-party financing, managerial pay, and private placement rules. Auditors would no longer require annual member ratification. Loans, advances and guarantees to persons in which a director is interested would be permitted if approved by a special resolution. Managerial remuneration exceeding prescribed limits would no longer require special resolution or Central Government approval. Private placement procedures would be simplified by removing a separate offer letter requirement and reducing filings with the registrar. (AI Summary)

Companies Amendment Bill, 2016 (the bill) was introduced in Lok Sabha on 16th March, 2016. The amendments proposed in the bill are aimed at easing of business and addressing issues faced in implementation of Provisions of Companies Act, 2013.

Key amendments proposed in the bill are as follows:

1) Appointment of auditors: Proposal to do away with Annual Ratification by Members w.r.t appointment of auditors. 

2) Loans, Advances to Directors:  Bill seeks to limit the prohibition on loans, advances, etc., to any person in which any of the director is interested in. It has been proposed to allow companies to give loan's or guarantee's subject to passing of special resolution by the company.

3) Remuneration to Manager's-Simplified. It has been proposed to do away with requirement of obtaining special resolution and approval of Central Govt. for payment of managerial remuneration in excess of prescribed limits of Schedule V. 

4) Private placement -simplified : Bill proposes to simplify the requirements with reference to private placements, such as doing away with separate offer letter, reducing number of filings with registrar

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