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Certain provisions of companies act, 2013 came into force w.e.f. 9-9-2016
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Commencement of Companies Act provisions: specified corporate governance and remedial sections were brought into force on the notified date.
The Central Government notified 9th September, 2016 as the date on which specified provisions of the Companies Act, 2013 shall come into force, listing provisions relating to directors' accounts and records, certain member remedy clauses, investigation and removal procedures, and the sections linked to the operation of the listed provision.
Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund) Rules, 2016
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Investor Education and Protection Fund Authority established with rules for remittance, share transfer to IEPF suspense account, audit and refund procedures.
Creates the Investor Education and Protection Fund Authority to administer the IEPF, prescribes receipts to be credited to the Fund and their government accounting treatment, mandates maintenance of specified accounts and annual CAG audit, requires companies to identify and remit unclaimed amounts and to file Forms IEPF 1 and IEPF 2, establishes procedures for transfer of shares to an IEPF suspense account (including dematerialisation and duplicate certificate process), freezes voting rights on transferred shares, and sets out the online claim and refund process via Form IEPF 5 with company verification and Authority timelines.
Central Government appoints 7th September, 2016 as the date on which the provisions of section 124, sub-sections (1) to (4), (6) and (8) to (11) of section 125 of the said Act shall come into force
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Investor Education and Protection Fund provisions commence, activating Companies Act obligations and Fund administration from the appointed date.
The Central Government appointed 7th September, 2016 as the commencement date bringing into force the provisions governing the duty to transfer unclaimed dividends under section 124 and the provisions concerning the manner of administration of the Investor Education and Protection Fund together with related follow-on provisions in section 125, thereby activating the statutory obligations and administrative mechanisms for handling unclaimed dividends and Fund administration.
Investor Education and Protection Fund Authority (Appointment of Chairperson and Members, holding of meetings and provision for offices and officers) Amendment Rules, 2016
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Corporate status of IEPF Authority confirmed, granting power to hold property, contract and sue or be sued in its name.
Amendment Rule 3A establishes the Investor Education and Protection Fund Authority as a body corporate with perpetual succession and a common seal, empowering it to acquire, hold and dispose of movable and immovable property, to contract, and to sue or be sued in its corporate name.
Jurisdiction as Special Court
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Designation of Special Courts for Companies Act offences to ensure expedited trials for serious imprisonment offences.
Central Government, under section 435(1) of the Companies Act, 2013 and with concurrence of the Chief Justices, designates specified existing Sessions and District Courts as Special Courts to provide speedy trials of Companies Act offences punishable by imprisonment of two years or more, and assigns the territorial jurisdictions in which each designated court shall exercise Special Court jurisdiction.
Companies (Share Capital and Debentures) Fourth Amendment Rules, 2016
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Rupee denominated bonds exclusion exempts certain rules for bonds issued exclusively to overseas investors under RBI circular.
An amendment adds sub rule (11) to rule 18 of the Companies (Share Capital and Debentures) Rules, 2014, providing that the rule shall not apply to rupee denominated bonds issued exclusively to overseas investors in terms of the relevant foreign exchange circular; the amendment takes effect on publication in the Official Gazette under the rule making powers of the Companies Act.
Central Government appoints persons as Judicial and Technical Members in the National Company Law Tribunal
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Appointment of Judicial and Technical Members under section 408; specified tenure and pay scale apply.
The Central Government, under section 408 of the Companies Act, 2013, appointed specified persons as Judicial and Technical Members of the National Company Law Tribunal by notification dated 28 July 2016, listing names, posts and dates of joining and prescribing a pay scale and tenure of five years or until age sixty five, whichever is earlier.
Special Court under section 435 of the Companies Act, 2013
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Special Court designation under the Companies Act establishes a designated forum for speedy trial of serious company law offences.
The Central Government, with concurrence of the Chief Justice of the High Court of Delhi, designates the Court of Additional Sessions Judge-03, South-West District, Dwarka as the Special Court under section 435 of the Companies Act, 2013 to provide speedy trial of offences under the Companies Act punishable with imprisonment of two years or more within the National Capital Territory of Delhi, and that court shall exercise the jurisdiction specified in the notification.
Companies (Incorporation) Third Amendment Rules, 2016.
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Conversion of unlimited liability companies: new procedural and documentary requirements for conversion and related disclosures.
Rules restrict a natural person from being member or nominee of more than one One Person Company; require consent where a proposed company name includes a registered or applied-for trade mark; permit typed particulars if signed or thumb-impressed; exempt updated DIN holders from attaching identity and residence proofs when declared; mandate website disclosure of company name and contact details; allow shifting of registered office where inquiries conclude with no prosecution; and set detailed procedural, documentary and solvency requirements for conversion of unlimited liability companies into companies limited by shares or guarantee, including creditor notice, director and auditor declarations, NOC requirements, and Registrar decision timelines.
Companies (Accounts) Amendment Rules, 2016
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Companies (Accounts) amendment exempts certain unlisted subsidiaries from consolidated statements if specified conditions are met.
The amendment creates a conditional exemption from preparing consolidated financial statements where a company is wholly or partially owned (subject to written intimation and no objections), unlisted, and its holding company files compliant consolidated statements; it revises reporting to require highlights of subsidiaries, expands internal auditor definitions and clarifies accountant definitions; and substitutes Form AOC I and Form AOC 4 with detailed templates for disclosure of subsidiaries, associates, joint ventures, financial statements, CSR, related party transactions and auditor reporting.
National Company Law Appellate Tribunal Rules, 2016
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Appellate procedure rules for tribunal appeals govern filing, service, registry functions and case management.
These Rules prescribe the procedural framework for appeals before the National Company Law Appellate Tribunal, defining key terms, filing formalities, prescribed forms, time computation, formats and sealing of orders. They allocate administrative functions to the Registrar, preserve the Appellate Tribunal's inherent powers, set detailed case-management procedures for filing, scrutiny, service, listing, hearings, examination of witnesses, document marking and inspection, and mandate registers, retention schedules and fee provisions including award or waiver of costs.
National Company Law Tribunal Rules, 2016
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National Company Law Tribunal Rules set procedural, filing, evidence and fee requirements for company law proceedings.
The rules create a comprehensive procedural code for the National Company Law Tribunal, defining parties, authorised representatives, pleadings, filing formats and required annexures; allocating powers and duties to the President, Registrar and Secretary; and prescribing processes for service, evidence, admissions, interlocutory and special statutory applications, class actions, fees, cause-lists, record retention and the pronouncement, certification and transmission of Tribunal orders.
Supersession of the notification number G.S.R 59, dated 06.01.1959
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Foreign airlines company compliance: submit parent consolidated financials, Indian receipts/payments statement and prescribed registration documents.
Deemed compliance with clause (a) of sub-section (1) of section 381 for a foreign airlines company with share capital requires filing with the Registrar: parent consolidated financial statements as submitted in the country of incorporation (with certified English translation if needed); a receipts and payments statement for Indian operations for the financial year, authenticated by a practicing Chartered Accountant in India or firm/LLP; and documents mandated by sub rule (2) of rule 4 of the Companies (Registration of Foreign Companies) Rules, 2014.
Companies (Share Capital and Debentures) Third Amendment Rules, 2016
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Convertible securities pricing may be fixed upfront or set near conversion based on registered valuer reports.
The amendment permits issuance of equity shares with differential rights only five years after remedying a default. Startups may issue sweat equity up to fifty percent of paid up capital and are exempted from specified eligibility conditions for five years from incorporation. Pricing of equity arising from convertible securities may be fixed either at offer based on a registered valuer's report or later (not earlier than thirty days before entitlement) based on a valuation within sixty days, with the company required to elect and disclose the method at the time of the offer. Debenture rules are amended to require charge security on company or related entities' assets, clarify movable property scope, use outstanding debenture value in certain calculations, and permit excess transfer to Debenture Redemption Reserve for premature redemption.
Companies (cost records and audit) Amendment Rules, 2016
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Cost audit rules amended: strengthened appointment, reporting and filing requirements for cost auditors under Companies Act.
Amendments redefine the cost audit report to include signed reports with attachments and qualifications, replace sectoral tables to specify regulated and non regulated industries, add captive generation for captive consumption to scope, mandate pre appointment consent and a certificate from cost auditors confirming eligibility and disclosures, permit removal of auditors by board resolution after hearing, require board approval of cost statements before auditor submission, impose a timeline for auditors to forward signed reports to the board, and require companies to file the cost audit report and explanations on reservations in Form CRA 4 in XBRL format.
Central Government appoints Justice (Retd.), Shri M. M. Kumar, Chairman, Company Law Board as President, National Company Law Tribunal with effect from 1st June, 2016
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Appointment of President of National Company Law Tribunal as ad interim arrangement until a regular incumbent joins or further orders.
The Central Government has appointed Justice (Retd.) M. M. Kumar, former Chairman of the Company Law Board, as President, National Company Law Tribunal, effective 1 June 2016, as an ad interim arrangement continuing until a regular incumbent joins the post or until further orders.
Central Government appoints Justice S. J. Mukhopadhaya, Judge (Retd.), Supreme Court of India as Chairperson, National Company Law Appellate Tribunal
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Appointment of Chairperson: Justice S. J. Mukhopadhaya named to lead National Company Law Appellate Tribunal for fixed tenure.
Central Government appoints Justice S. J. Mukhopadhaya as Chairperson of the National Company Law Appellate Tribunal with effect from 1st June, 2016 for a period of five years or until he attains the age ceiling of seventy years, whichever is earlier; the appointment is made under the statutory appointment authority and specifies a fixed pay scale as the remuneration for the office.
Companies (Appointment and Remuneration of Managerial Personnel) Amendment Rules, 2016
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Managerial Remuneration Rules amended: revised remuneration thresholds, reporting for top ten employees and updated appointment form.
Amendment revises the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014 by removing the expression Chief Executive Officer (CEO), Company Secretary and Chief Financial Officer (CFO) from rule 3, deleting certain clause references in rule 5(1), requiring names of the top ten employees by remuneration plus other specified employees, increasing monetary thresholds for reportability, and substituting a new Form MR-1 that updates required appointment disclosures, attachments and certification requirements.
Companies (Removal of Difficulties) Third Order, 2016
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Appointment of auditors: existing companies must meet auditor rotation compliance by first AGM within three year transition period.
The Order substitutes the third proviso to section 139(2) to require that every company existing on or before the commencement of the Act which must comply with the auditor rotation provisions shall do so within a period not later than the date of the first annual general meeting of the company held, within the period specified under section 96(1), after three years from the date of commencement of the Act.
Companies (Acceptance of Deposits) Amendment Rules, 2016
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Acceptance of Deposits rules updated: expanded exclusions, higher acceptance limits, mandatory credit rating and disclosure obligations.
The amendment expands exclusions and specific categories of receipts from being treated as deposits by adding listed non convertible debentures without asset charge, non interest bearing trust amounts, specified advances, chit subscriptions, SEBI regulated collective investment receipts, convertible notes to start ups, and investments by specified funds; raises certain acceptance thresholds and permits private companies to accept member monies subject to Registrar filing; mandates annual minimum investment grade credit ratings and filing for deposit taking companies; prescribes advertisement and website disclosure requirements; extends the deposit insurance proviso temporarily; and requires financial statement notes disclosing monies from directors.

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