March 20, 2020
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Companies (Amendment) Bill 2020 decriminalises many technical defaults, replaces imprisonment with monetary penalties and creates a Producer Companies regime.
The Bill replaces imprisonment and criminal offences for numerous technical and procedural defaults under the Companies Act, 2013 with prescribed monetary penalties (including daily continuing penalties with ceilings), grants the Central Government powers to exempt classes of companies or persons and to prescribe rules, inserts a comprehensive Chapter XXIA creating a bespoke regime for Producer Companies (covering incorporation, governance, patronage-based returns, audit, transfers, mergers and conversion from inter-State co-operatives), and authorises direct/foreign listing mechanisms and Benches of the Appellate Tribunal.