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Notifications
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Regarding Nidhi Companies
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Regulation of Nidhi companies: amendments tighten capital, disclosure and lending rules while allowing limited share issuance.
Amendments impose operational, prudential and disclosure requirements on Nidhi companies: permit issue of lower nominal equity shares without service charge for newly incorporated Nidhis, allow limited allotment to new deposit holders and directors, extend transitional compliance dates, require entities exceeding deposit limits to reach a prescribed Net Owned Fund to deposit ratio by staged deadlines or reduce deposits, define Net Owned Funds with transitional treatment of preference share proceeds, expand disclosure to include a summarised financial position, and prescribe caps and tenures for loans against immovable property and fixed deposits alongside phased achievement schedules for certain deposit ratios.
Regarding Nidhi Companies
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Prudential norms for Nidhi companies: stricter revenue recognition and asset classification with mandatory provisioning and no unrealised income recognition.
Prudential norms require that income on mortgage and jewel loans classified as non performing be recognised only when realised and that previously recognised unrealised income be reversed; assets must be classified as Standard, Sub standard, Doubtful or Loss with corresponding provisioning requirements, and loans secured by jewellery must be recovered or renewed within a prescribed short period or fully provided for in the current profit and loss account.
Amendment in Notification of S.O 1329, dated 8th May 1978.
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Public financial institution designation: NABARD added to the notified list under a Companies Act amendment.
The Central Government amended the prior Gazette notification listing public financial institutions by inserting "National Bank for Agriculture and Rural Development (NABARD)" as a newly specified public financial institution, thereby adding it to the notified list and subjecting it to the statutory classification and regulatory framework applicable to such institutions.
The Companies (Particulars of Employees) (Amendment) Rules, 2002
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Employee remuneration thresholds raised under company disclosure rules, altering which employees must be reported in statutory filings.
The Central Government amends rule 1A of the Companies (Particulars of Employees) Rules, 1975, substituting higher monetary limits: in clause (a) the prior threshold is replaced by a higher threshold for annual remuneration that triggers the obligation to disclose employee particulars, and in clause (b) the lower threshold is increased for related disclosure criteria; the amendment takes effect upon publication in the Official Gazette under powers conferred by section 217(2A) read with section 642(1)(a) of the Companies Act, 1956.
Amendment in notification S.O 841(E), dated 29th August 2001.
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Amendment to notification under Companies Act: substitution appoints a Member and specifies tenure to August next year.
The Central Government, under sub section (1) of section 210A of the Companies Act, 1956, amends notification S.O. 841(E) dated 29 August 2001 by substituting serial number 5 to appoint Shri Rajiv Mehrishi as Member, specifying that he shall hold office up to 28th August, 2002, as published in the Gazette.
Amendment in notification of Government of India, Ministry of Law, Justice and Company Affairs, Department of Company Affairs vide S.O 841(E), dated 29th August 2001.
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Companies Act amendment replaces a specified appointee's name in an earlier departmental notification under section 210A.
Amendment under the power conferred by sub section (1) of section 210A of the Companies Act, 1956 modifies notification S.O. 841(E) dated 29th August 2001 by substituting at serial number 8 the entry "Prof. R.M. Goyala," with "Professor R.N. Goyale."
The Companies (Acceptance of Deposits) Amendment Rules, 2002
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Deposit rate cap amended under companies rules, lowering the prescribed ceiling and updating corresponding form entries.
Amendment to the Companies (Acceptance of Deposits) Rules, 1975 substitutes a lower prescribed interest rate in specified clauses of rule 3 and in multiple enumerated entries of the Form, including item 4, by textual replacement; the amendment takes effect on publication in the Official Gazette and does not modify other procedural or substantive requirements of the principal rules.
Amendment in Schedule XIII under powers conferred by sub-section (1) of section 641 of the Companies Act, 1956.
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Managerial remuneration ceilings set for companies with no or inadequate profits; require committee approval and shareholder disclosures.
Amendment to Schedule XIII establishes three remuneration bands for managerial personnel in years of no or inadequate profits, conditioned on Remuneration Committee approval and absence of debt repayment defaults; higher bands and excess payments additionally require a shareholder special resolution with prescribed disclosures and, where effective capital is negative or ceilings are exceeded, prior Central Government approval. The Remuneration Committee must comprise at least three non executive independent directors and consider financial position, industry trends and appointee credentials; "negative effective capital" is defined as effective capital below zero. The amendment is effective on Gazette publication.
The Companies (Issue of Share Capital with Differential Voting Rights) (Amendment) Rules, 2002.
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Differential Voting Rights rules amended to revise textual eligibility criteria and clarify financial year references in issuance conditions.
Amendment to the Companies (Issue of Share Capital with Differential Voting Rights) Rules, 2001 substitutes specific phrases in rule 3: "three financial years" replaces the prior wording in sub rule (1) and "the financial year" replaces the prior expression in sub rule (2); the amendment comes into force on publication in the Official Gazette.

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