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COMPANY LAW BOARD (AMENDMENT) REGULATIONS, 2011 - AMENDMENT IN REGULATION 29.
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Service on foreign parties deemed sufficient if sent to last known address of their authorised representatives in India.
The amendment deems service of an order on a foreign party resident outside India to be sufficiently served if a copy is delivered, tendered, or sent by post to the last known address of that party's authorised representative(s) resident in India when the foreign party appears by such representative(s).
POWER TO MODIFY ACT, IN RELATION TO NIDHIS, ETC. - AMENDMENT IN NOTIFICATION NO. G.S.R. 978(E), DATED 28-5-1963
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Power to Modify Act adds specified benefit funds to Schedule I under the Companies Act notification.
The Central Government, exercising the power to modify the Act, amends Schedule I of Notification No. G.S.R. 978(E) dated 28-5-1963 by adding serial numbers 369-382, thereby listing specified benefit funds and their principal addresses in the Schedule for administrative and registry purposes under the Companies Act.
Amendment to Notification No. GSR 38 (E) dated 19th January, 2011
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Amendment under Section 28A: appointment of a new Member to the corporate notification, effective upon Gazette publication.
An amendment to the Ministry of Corporate Affairs notification under the powers of Section 28A substitutes the entry at serial No. (3), appointing Shri Manoj Kumar, Joint Secretary, as Member, and provides that the substitution takes effect from publication in the Official Gazette.
Insertion of specified Indian Accounting Standards (Ind AS)
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Incorporation of Indian Accounting Standards expands the catalogue of standards governing corporate financial reporting obligations.
Insertion of Indian Accounting Standards into the Companies (Accounting Standards) Rules, 2006 by government notification formally incorporates the listed Ind AS into the statutory accounting framework applicable to companies, expanding the catalogue of standards governing corporate financial reporting and disclosure obligations under the Companies Law.
Companies (Central Government's) General Rules and Forms (Amendment) Rules, 2011.
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Companies rules amended: Forms 23AC and 23ACA substituted for filing balance sheet documents; effective 12 August 2011.
The Central Government, under specified enabling provisions of the Companies Act, 1956, issues the Companies (Central Government's) General Rules and Forms (Amendment) Rules, 2011 effective 12 August 2011, substituting new versions of Form 23AC and Form 23ACA in Annexure 'A'. Form 23AC is designated as the form for filing balance sheets and other documents with the Registrar pursuant to section 220.
Companies (Central Government's) General Rules and Forms,1956.
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Company name applications require Form 1A with fee, two resubmissions allowed, online approval if practitioner certified.
Promoters or companies must apply in Form 1A with a fee of rupees one thousand to the Registrar where the registered office is situated; the Registrar will examine whether the proposed or changed name is undesirable and may reject, request further information, or call for resubmission ordinarily within three days. Applicants have only two opportunities for resubmission against the initial fee, after which the Registrar shall reject if proposals remain unfit though fresh applications may be filed. Certified applications by specified practitioners will be processed electronically and approved online. Allowed names are available for adoption for sixty days and will lapse if not adopted within that period.
Amendment in Schedule XIII of the Companies Act 1956.
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Central Government approval for managerial remuneration not required where listed-company subsidiaries meet specified governance, ownership, interest and qualification conditions.
Amendments to Schedule XIII exempt subsidiaries of listed companies from Central Government approval for managerial remuneration where the holding company's Remuneration Committee and Board consent, a special resolution authorizes payment, the remuneration is deemed paid by the holding company, and all members of the subsidiary are bodies corporate; remuneration fixed by the Board of Industrial and Financial Reconstruction is also exempt. A further exemption applies where the managerial person has no direct or indirect capital interest or relatedness within two years and holds a graduate qualification with specialized expertise. "Statutory Structure" is defined as any entity entitled to hold shares under statute.
Companies (Central Government's) General Rules & Forms (Amendment) Rules,2011
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Minimum remuneration thresholds for director-related approvals under section 314 established, affecting clause (b) and subsection (1B).
Substitution of Rule 10C prescribes minimum monthly remuneration thresholds for purposes of approvals under section 314, distinguishing the floor applicable to clause (b) of sub section (1) from that applicable to sub section (1B); the amendment takes effect on publication in the official Gazette.
Companies Director Identification Number (Third Amendment) Rules, 2011.
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Director identification numbers now include designated partnership IDs and revised DIN forms take effect 9 July 2011.
The Companies Director Identification Number (Third Amendment) Rules, 2011 (effective 9 July 2011) amend the Companies (Director Identification Number) Rules, 2006 by redefining Director Identification Number to include the Designated Partnership Identification Number (DPIN) issued under the Limited Liability Partnership Act, 2008, and by substituting revised Forms DIN-1 and DIN-4 for the earlier prescribed forms.
COMPANIES (AMENDMENT) REGULATIONS, 2011 - AMENDMENT IN REGULATION 2- REGIONAL DIRECTORS, PRESCRIBED JURISDICTION
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Regional Director jurisdictions defined, assigning headquarters and state coverage to specify administrative regions under companies regulations.
The amendment to Regulation 2 defines Regional Director as the person appointed by the Central Government in the Ministry of Corporate Affairs and prescribes six regional directorates with headquarters and the specific States and Union Territories comprising each region: North (Noida), North Western (Ahmedabad), Western (Mumbai), Southern (Chennai), Eastern and North Eastern, and South East (Hyderabad).
Companies (Amendment) Regulations, 2011 - Regional Director
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Regional Director definition prescribed; regional directorates and state allocations established under Companies Regulations, clarifying jurisdictional coverage.
The amendment substitutes the definition of "Regional Director" to mean the person appointed by the Central Government in the Ministry of Corporate Affairs for specified regions, and prescribes six regional directorates with designated headquarters and the States and Union Territories allocated to each region, thereby fixing territorial jurisdiction for Regional Directors under the Companies Regulations, 1956.
PUBLIC FINANCIAL INSTITUTIONS - Amends notification dated May 13, 1978
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Public Financial Institutions list expanded: four corporations added through amendment to Companies Act notification.
Central Government, under sub-section (2) of section 4A of the Companies Act, 1956, amends the Government notification of 13 May 1978 by inserting four new serial entries into the schedule, thereby statutorily including Gujarat Industrial Investment Corporation Limited, Andhra Pradesh Industrial Development Corporation Limited, Karnataka Urban Infrastructure Development and Finance Corporation Limited, and L&T Infrastructure Finance Company Limited in the published list of notified entities.
AMENDMENT TO SCHEDULE TO RIGHT TO INFORMATION ACT, 2005 - ACT NOT TO APPLY TO CBI/NIA
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Right to Information exclusion expanded to cover specified central investigative and intelligence agencies, limiting their disclosure obligations.
Amendment expands the Right to Information Act's statutory exclusions by inserting three entries into the Second Schedule to exclude the Central Bureau of Investigation, the National Investigation Agency and the National Intelligence Grid from the Act's application, thereby removing those bodies from the Act's disclosure obligations and clarifying the statutory reach of disclosure vis-a -vis central investigative and intelligence functions.
COMPANIES (COST AUDIT REPORT) RULES, 2001 REVISED - New Set of rules
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Cost audit reporting rules supersede prior rules and establish a revised companies cost audit report framework and scope.
Central Government enacts the Companies (Cost Audit Report) Rules, 2011 under its Companies Act rulemaking powers, superseding the Cost Audit Report Rules, 2001 and establishing revised procedural and reporting requirements for cost audits, while expressly preserving matters done or omitted before the supersession.
NEW COMPANIES (COST ACCOUNTING RECORDS) RULES, 2011 - New Set of Rules
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Cost accounting records rules enacted, superseding prior rules and establishing a revised regulatory framework for companies.
Enactment of the Companies (Cost Accounting Records) Rules, 2011 by Central Government under clause (b) of sub section (1) of section 642 read with clause (d) of sub section (1) of section 209 of the Companies Act, 1956, superseding prior cost accounting records rules and establishing a revised regulatory framework for maintenance of companies' cost accounting records, with a saving for acts or omissions before supersession.
AMENDMENT IN COMPANIES (DIN) RULES, 2006
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Director Identification Number rules tightened: automated DIN issuance, provisional DINs for duplicates, and stricter identity verification.
Amendments revise allotment and update procedures for the DIN, requiring automated system processing after fee payment, generation of approved DINs absent duplicates, and provisional DINs where potential duplicates are detected for further government examination. Substituted Forms DIN 1 and DIN 4 mandate PAN for Indian nationals, passport for foreign nationals, specified attachments and verifications, and permit digital signatures by specified professionals and company secretaries in whole time employment.
Companies (Passing of the Resolution by Postal Ballot) Rules, 2011 - New set of rules
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Postal ballot rules under the Companies Act establish a new procedural framework and supersede prior postal ballot rules.
Introduction of rules governing passage of company resolutions by postal ballot under the Companies Act through notification GSR 419(E), establishing the Companies (Passing of the Resolution by Postal Ballot) Rules, 2011 and expressly superseding the earlier 2001 postal ballot rules, thereby prescribing the statutory framework and procedural governance for passing resolutions by postal ballot.
Companies(Central Government's) General Rules and Forms (Amendment), 2011 - revision of Form No. 8 and 17, effective from 29-05-2011.
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Companies forms amended: revised Form 8 for creation/modification of charges now effective 29 May 2011.
The Central Government substitutes Form 8 and Form 17 in the Companies (Central Government's) General Rules and Forms, 1956 effective 29 May 2011. The revised Form 8 prescribes mandatory particulars and attachments for the creation or modification of charges (other than debentures), including charge identification, company and charge-holder details, instrument description, amount secured, terms (interest, repayment, margin, extent and operation), acquisition-related charge particulars, verification and digital-signature requirements, and administrative certification for registration.
Companies(Central Government's) General Rules and Forms (Second Amendment) , 2011 - New Form No. 23D inserted effective from 29-05-2011.
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Cost auditor information requirement: new e-Form mandates detailed appointment and audit scope disclosure to Central Government.
Amendment inserts a new Form 23D, effective 29 May 2011, requiring cost auditors to electronically submit prescribed information to the Central Government: company identification, Service Request Number of Form 23C, particulars of the Central Government cost audit order, detailed identity and contact information of the cost auditor or firm, disclosure of disqualification status and appointment limits, scope of audit, financial year covered, filing and receipt dates, acceptance status, attachments including the company intimation, and digital verification by the cost auditor with membership particulars.
Central Government specifies LLP a Body corporate for the limited purpose of section 226 (3)(a) of the Companies Act,1956.
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Limited Liability Partnership specified as body corporate for a Companies Act provision, aligning LLPs with that statutory corporate status.
The Central Government specifies that a Limited Liability Partnership is to be treated as a body corporate for the limited purpose of the relevant provision of the Companies Act, 1956, invoking the Act's specification power to align LLPs with the corporate status prescribed by that provision without altering their general legal character.

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