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Circulars
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09/2004 - 06-12-2004 Companies Law
Circulation of Notification No. G.S.R. 766(E)
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Companies Auditor's Report amendment circulated for information and necessary action to regional offices and registrars.
Circulation of the Notification publishing the Companies (Auditor's Report) (Amendment) Order, 2004 (G.S.R. 766(E)) is sent to Regional Directors and Registrars of Companies for information and necessary action, with a requirement that recipients acknowledge receipt.
Constitution of an Expert Committee to advise the Government on the new Company Law
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Company law reform: expert committee to advise on a simplified, flexible statute balancing stakeholder protection and modern business needs.
An Expert Committee is constituted to advise on revision of the Companies Act, 1956 to create a simplified, compact law. The Committee comprises a Chairperson, nominees from central ministries, industry and professional bodies, representatives of banks and financial institutions, senior advocates, and designated special invitees. Secretariat support is to be provided by the Ministry of Company Affairs. Its terms of reference include recommendations on stakeholder responses, statutory compactness, clarity of provisions, rulemaking flexibility and protection of stakeholders and investors, and it must submit a report to the Ministry within a specified short timeframe.
10/2004 - 11-10-2004 Companies Law
CIRCULATION OF NOTIFICATIONS
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Notification circulation: corrigendum and formal declaration that a company does not function as a Nidhi company, prompting registry updates.
The Ministry circulates Gazette notifications to Regional Directors and Registrars of Companies forwarding a corrigendum to an earlier notification and a notification that M/s Singh Mutual Benefit Company Ltd does not function as a Nidhi company, instructing recipients to acknowledge receipt and update records and compliance status accordingly.
07/2004 - 20-09-2004 Companies Law
Constitution of the National Advisory Committee on Accounting standard u/s 210A of the Companies Act, 1956
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Constitution of National Advisory Committee on Accounting Standard notified; administrative circulation and acknowledgement requested to recipients.
Constitution of the National Advisory Committee on Accounting Standard under section 210A of the Companies Act, 1956 was notified by Gazette S.O. 1010(E) and circulated by the Ministry of Company Affairs to Regional Directors and Registrars of Companies for information and necessary action, with a request that receipt be acknowledged.
06/2004 - 10-08-2004 Companies Law
Investors’ Education Protection Fund (IEPF)
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Investors' Education Protection Fund compliance extension: deposits made by the specified cutoff deemed compliant and shielded from penalty.
Companies that deposited the requisite unpaid and unclaimed amounts referred to in Section 205C into the Investors' Education Protection Fund on or before the specified cutoff shall be deemed to have satisfied the compliance objective of the earlier circular and shall not be subject to penal proceedings for delays up to that cutoff; Regional Directors and Registrars of Companies are directed to initiate action only where compliance was not made by the cutoff, including cases with issued show cause notices.
05/2004 - 06-05-2004 Companies Law
State Industrial Development Corporation of Maharashtra Limited” has been replaced by “SICOM Limited”
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Notification amendment: corporate name replaced, requiring transmission to registrars and administrative acknowledgement.
Amendment to a prior Gazette notification substitutes the corporate name State Industrial Development Corporation of Maharashtra Limited with SICOM Limited; the circular transmits the Gazette notification to Regional Directors and Registrars of Companies for information and action and requests acknowledgement of receipt.
04/2004 - 22-03-2004 Companies Law
Companies (Acceptance of Deposits) Amendment Rules, 2004
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Acceptance of Deposits rules amended - notification circulated to regulators for information, action and acknowledgement requested.
The Department of Company Affairs forwarded notification G.S.R.189(E) dated 12.03.2004 - the Companies (Acceptance of Deposits) Amendment Rules, 2004 - to all Regional Directors and Registrars of Companies as published in the Gazette of India, requesting that recipients note the amendment, take necessary action pursuant to the amended rules, and acknowledge receipt.
02/2004 - 11-02-2004 Companies Law
Notification u/s. 620A of the Companies Act, 1956 by which 4 more companies have been declared as Nidhis.
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Notification under section 620A: four companies declared Nidhis and circulated for administrative action and acknowledgement.
Notification published as G.S.R. 91(E) dated 03.02.2004 declares four companies to be Nidhis. The Department of Company Affairs issued Circular No. 02/2004 dated 11.02.2004 to circulate that Notification to all Regional Directors and Registrars of Companies for information, necessary administrative action, and acknowledgement of receipt.
01/2004 - 06-02-2004 Companies Law
Constitution of a Committee to administer the Investor Education and Protection Fund established by the Central Government
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Investor Education and Protection Fund committee constituted to administer the fund; notification circulated to regional directors and registrars.
Constitution of a Committee is announced to administer the Investor Education and Protection Fund. The circular forwards the Gazette Notification constituting the Committee to Regional Directors and Registrars of Companies, directs them to take necessary action under the notification, and requests acknowledgment of receipt for administrative implementation and compliance.
37/2003 - 31-12-2003 Companies Law
Simplified Exit Scheme
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Simplified Exit Scheme extended for a further three months to allow eligible companies additional time to exit.
Extension of the Simplified Exit Scheme for a further three months effective 1 January 2004, issued by the Department of Company Affairs in response to representations and directed to Regional Directors and Registrars of Companies to implement the extended timeline for exits under the existing administrative scheme.
36/2003 - 29-12-2003 Companies Law
Cost Accounting Records(Milk Food) Rules,2001 – revision of Applicability clause
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Applicability of Cost Accounting Records narrowed to products defined as infant milk foods or erstwhile milk food definitions.
The Rules are confined to companies engaged in the production, processing or manufacture of (i) infant milk foods as defined in the erstwhile Infant Milk Foods rules, 1974, or (ii) milk food as defined in the erstwhile Cost Accounting Records (Milk Food) Rules, 1986; a notification implementing this revision will follow.
35/2003 - 11-12-2003 Companies Law
Compliance Certificate - clarification.
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Compliance certificate requirement: not needed where a company employs a whole time Company Secretary, per departmental clarification.
A company not required under law to employ a whole time secretary but which has voluntarily employed a full time Company Secretary is not obliged to obtain a compliance certificate from a Company Secretary in practice; therefore a company employing a whole time Company Secretary need not procure a separate compliance certificate for filing with the Registrar and attaching to the Board's report.
34/2003 - 10-12-2003 Companies Law
Circulation of Notifications
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Preferential allotment rules and sweat equity rules circulated for unlisted companies; recipients asked to take action and acknowledge.
Two Gazette notifications - the Unlisted Public Companies (Preferential Allotment) Rules, 2003 and the Unlisted Companies (Issue of Sweat Equity Shares) Rules, 2003 - are forwarded to Regional Directors and Registrars of Companies for information and necessary action, with a request that receipt be acknowledged to the Department of Company Affairs.
33/2003 - 14-11-2003 Companies Law
Simplified Exit Scheme - Clarification.
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Simplified Exit Scheme: companies formed after the amendment may avail it despite non-contribution to paid-up capital.
Companies incorporated after the Companies (Amendment) Act, 2000 that have not made the contributions to paid-up capital described in Section 3(1)(iii) and 3(1)(iv) are eligible to avail the Simplified Exit Scheme, provided they meet all other prescribed requirements.
32/2003 - 10-11-2003 Companies Law
Compliance of Companies (Auditor's Report) Order, 2003 effective from 1st July, 2003
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Auditor's report compliance required under new Order; leniency for prior-year accounts, strict adherence mandatory thereafter.
Companies must comply with the Companies (Auditor's Report) Order, 2003 which replaces the prior auditor's report order and is effective from 1 July 2003; while the Government will not postpone or review the Order, it will take a lenient view of non compliance for accounts closed on or before 31 December 2003 provided those accounts carry the prior auditor's report, but strict compliance is required for accounts closing on or after 1 January 2004 and non compliance thereafter may attract legal action.
31/2003 - 10-11-2003 Companies Law
Exclusion of Government companies from the purview of Section 274(1)(g) of the Companies Act, 1956.
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Director disqualification exclusion: government companies removed from disqualification rules under company law, shifting applicability and compliance duties.
Notification excludes government companies from the scope of the rules governing director disqualification under the Companies Act and forwards two Gazette notifications-one promulgating the disqualification rules and the other specifying the exclusion-to Regional Directors and Registrars of Companies for information and necessary action, with a request for acknowledgement of receipt.
29/2003 - 21-10-2003 Companies Law
Circulation of following Notifications
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Company law notifications: circulation of settlement scheme, declarations of additional nidhis and secretary appointment amendment.
Circulation of three company-law notifications: the Company Law Settlement (Jammu and Kashmir) Scheme, 2003; a notification declaring additional companies as Nidhis; and the Companies (Appointment and Qualifications of Secretary) (Amendment) Rules, 2003 establishing appointment on a population basis, forwarded to Regional Directors and Registrars of Companies for information and necessary action with a request to acknowledge receipt.
28/2003 - 08-10-2003 Companies Law
Circulation of following Notifications
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Constitution of National Advisory Committee on Accounting Standards circulated alongside amendments to deposit rules and Competition Act effective dates.
Notification constituting a National Advisory Committee on Accounting Standards under company law is circulated, along with a corrigendum on effective dates of specified Competition Act sections, amendments to the Companies (Acceptance of Deposits) Rules, 2003, and an amendment to a prior notification, directed to Regional Directors and Registrars of Companies for information and action.
27/2003 - 07-10-2003 Companies Law
Simplified Exit Scheme - Clarifications on some issues
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Simplified Exit Scheme compliance: nil audited accounts and indemnity bonds required for strike-off, with defined exclusions and procedures.
Applicants under the Simplified Exit Scheme must submit nil audited accounts showing no assets or liabilities; all applicant directors must furnish indemnity bonds with at least two signatories, and paragraph 1(c) of the indemnity may be amended to reflect that the company has not carried on business since incorporation or for a specified period and does not intend to carry on its main objects. Section 25 companies and firms under inspection, investigation or implicated in market scams are excluded; prosecutions for minor offences may be withdrawn only after the final Gazette notice and ROC reports 45 days after scheme expiry.
26/2003 - 13-08-2003 Companies Law
The Producer Companies (General Reserves) Rules, 2003.
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Producer Companies General Reserves Rules circulated for compliance and acknowledgement by Regional Directors and Registrars of Companies.
Circulation of The Producer Companies (General Reserves) Rules, 2003 via Notification G.S.R. 641(E) is forwarded to all Regional Directors and Registrars of Companies for information and necessary action, with a request to acknowledge receipt.

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