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Companies (Appointment and Qualification of Directors) Sixth Amendment Rules, 2018
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Extension of director appointment deadline delays compliance under Companies Appointment and Qualification of Directors Rules.
The Central Government issued the Companies (Appointment and Qualification of Directors) Sixth Amendment Rules, 2018, effective on publication in the Official Gazette, substituting the proviso to rule 12A of the 2014 Rules to extend the deadline for compliance related to appointment and qualification of directors.
Companies (Registration Offices and Fees) Fifth Amendment Rules, 2018
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Fee schedule amendment in companies registration rules changes prescribed filing fees and creates different charges before and after specified dates.
Amendment to the Companies (Registration Offices and Fees) Rules, 2014 revises the note in Annexure serial VII to prescribe a time staggered fee structure for the financial year 2018-2019: a lower fee payable during an initial window from the date of Gazette publication and a higher fee payable from the subsequent date; the amendment is made under powers conferred by specified sections of the Companies Act, 2013 and takes effect from Gazette publication.
Companies (Indian Accounting Standards) Second Amendment Rules, 2018
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Government grant accounting now permits fair value or nominal recognition and two presentation methods for asset grants.
Ind AS amendments allow non-monetary government grants to be recognised at fair value or at a nominal amount and permit two presentation methods for grants related to assets: deferred income amortised over the asset's useful life or deduction from the asset's carrying amount with recognition as reduced depreciation. Repayable grants are treated as a change in accounting estimate with specified application against deferred credits or immediate recognition, and related amendments to Ind AS 12, 16 and 38 align deferred tax, carrying amount reduction, and recognition options for intangible grants.
Central Government appoints the 19th September 2018, as the date on which the provisions of section 37 of the Companies (Amendment) Act, 2017 shall come into force
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Commencement of Section 37 under the Companies (Amendment) Act appointed by government notification to take effect.
The Central Government, exercising powers under sub-section (2) of section 1 of the Companies (Amendment) Act, 2017, issued a Ministry of Corporate Affairs notification appointing 19th September 2018 as the date on which Section 37 of the Amending Act shall come into force, thereby fixing the effective commencement date for that amendment provision by ministerial appointment.
Companies (Corporate Social Responsibility Policy) Amendment Rules, 2018
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Corporate Social Responsibility scope expanded to include areas or subjects, and applicability widened to all companies, clarifying schedule references.
Amendments to the Companies (Corporate Social Responsibility Policy) Rules replace references to "activities" and "purview" with the broader phrase "areas or subjects specified," adjust rule 2 wording for company CSR descriptions, substitute "a company" for narrower company-type language in rule 5, and align rule 6 and rule 7 cross-references to Schedule provisions to read as "areas or subjects specified in Schedule."
Amendment to Schedule –V of the CA 2013
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Remuneration approval changes: limits and prior creditor consent altered, and appointment criteria expanded under corporate law framework.
Amendments to Schedule V expand appointment considerations and remove phrases requiring Central Government approval for managerial remuneration, replacing prior limit-doubling provisions with language permitting payment of remuneration in excess of limits subject to substituted conditions; they require prior consent from banks, financial institutions, non-convertible debenture holders or other secured creditors where the company has defaulted before shareholder approval, delete certain caps on managerial remuneration, and omit a specified explanatory clause in Section IV.
Central Government appoints the 12th September, 2018 as the date on which the provisions of sections 66 to 70 (both inclusive) of the Companies (Amendment) Act, 2017 shall come into force
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Commencement of Companies (Amendment) Act provisions: specified sections come into force on the appointed date.
The Central Government appointed 12 September 2018 as the date on which the provisions of sections 66 to 70 of the Companies (Amendment) Act shall come into force, formalising commencement by administrative notification and specifying the file reference and issuing authority.
Companies (Appointment and Remuneration of Managerial Personnel) Amendment Rules, 2018
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Companies amendment rules replace MR 2 form, alter rule headings, omit specified provisions, and set commencement by notification.
The 2018 amendments retitle rule 6 as Parameters for consideration of remuneration and remove references to the Central Government, omit rule 7(2), and substitute Form No. MR 2. The new MR 2 provides the application and evidentiary framework for approval of managing director/whole time director/manager appointments under section 196 and Schedule V, specifying disclosure of qualifications and disqualifications, justification, board and committee resolutions, auditors' and company secretary certificates, SEBI compliance where applicable, notices under section 201, CG 1 condonation records, and documents for foreign appointees.
Companies (Prospectus and Allotment of Securities) Third Amendment Rules, 2018
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Dematerialisation requirement: unlisted public companies must issue securities only in dematerialised form and demat promoters' holdings before offers.
Unlisted public companies must issue securities only in dematerialised form, facilitate dematerialisation of existing securities, secure an ISIN for each security type, and ensure promoters', directors' and key managerial personnel holdings are dematerialised before any offer, buyback, bonus or rights issue. Companies must pay fees and maintain a multi year security deposit with depositories and registrars, comply with SEBI and depository regulations, and submit specified audit reports half yearly to the Registrar; defaults bar further offers until cleared.
Notification regarding Designation of Special Court
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Special Court designation ensures speedy trial for offences under the Companies Act across designated jurisdictions.
The Central Government, under sub section (1) of section 435 of the Companies Act, 2013 and with the concurrence of the relevant High Court authority, designates specified district/session courts and a session division as Special Courts to provide speedy trial of offences under the Act punishable with imprisonment of two years or more, thereby vesting those courts with special jurisdiction to hear such prosecutions.
Companies (Appointment and qualification of Directors) Fifth Amendment Rules, 2018
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Companies DIR-3 KYC deadline extended and new DIR-3-KYC form requires PAN, identity verification, and certifications.
The Rules amend the Companies (Appointment and Qualification of Directors) Rules, 2014 by extending the DIR-3 KYC filing deadline to 15 September 2018 and substituting a revised Form DIR-3 KYC. The substituted form requires mandatory director identification and contact details, PAN for Indian nationals, optional Aadhaar/passport/voter/driving licence details, OTP verification for mobile and email, residential address particulars, prescribed identity/address attachments, digital signature by the applicant, and certification by an engaged professional with attendant liability for false statements.
Investor Education and Protection Fund Authority (Recruitment, Salary and other Terms and Conditions of Service of Deputy General Manager, Private Secretary, Personal Assistant, Stenographer, Senior Secretariat Assistant (SSA) and Junior Secretariat Assistant (JSA) Recruitment Rules, 2018
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Recruitment rules for IEPF Authority set deputation, promotion and service conditions for specified posts with pay parity.
Establishes recruitment, classification, pay levels and service conditions for specified IEPF Authority posts; methods include direct recruitment, promotion, deputation and absorption with prescribed qualifications, skill tests and service-length requirements. Deputation appointments require public applications and selection committees; deputation tenures are generally three years subject to DoPT instructions and age limits. Pay, allowances, leave, accommodation and disciplinary modalities follow rules applicable to corresponding Central Government pay levels. Central Government may relax provisions and exemptions for marital disqualification may be granted where personal law permits.
Companies (Registration Offices and Fees) Fourth Amendment Rules, 2018
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DIR-3 KYC fee suspension: waiver period followed by reinstatement of a filing fee after the waiver expires.
Amendment substitutes the Annexure note for filing e-form DIR-3 KYC: no fee shall be chargeable for the current financial year up to 15th September, 2018, and a fee of Rs. 5000 shall be payable on or after 16th September, 2018; the rules take effect from publication in the Official Gazette.
Central Government appoints the 7th day of August, 2018 as the date on which the provisions of section 10 of the Companies (Amendment) Act, 2017 shall come into force
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Commencement of Section 10: provisions of the Companies (Amendment) Act notified as brought into force.
Appointment of an effective date for the commencement of section 10 of the Companies (Amendment) Act, 2017 is effected by a government notification under sub section (2) of section 1, designating the specified date in August 2018 as the date on which the provisions of section 10 shall come into force.
Companies (Prospectus and Allotment of Securities) Second Amendment Rules, 2018
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Private placement requires shareholder special resolution, capped investors, prescribed forms, bank account payments and detailed disclosures.
Private placement now requires prior shareholder approval by special resolution for each offer, with the explanatory statement disclosing offer particulars, security type and price justification, valuer details, amount to be raised, material terms and objects; limited exceptions apply for non convertible debentures and prescribed annual aggregated approvals.
Central Government appoints the day of 31th July, 2018 as the date on which the provisions of Section 36 of the Companies (Amendment) Act, 2017 shall come into force
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Companies Amendment Act commencement: Section 36 appointed to come into force on 31 July 2018.
The Central Government, exercising the commencement provision of the Companies (Amendment) Act, 2017, notified 31 July 2018 as the date on which the specified amendment provision shall come into force, via a Ministry of Corporate Affairs notification signed by an authorized official.
Companies (Accounts) Amendment Rules, 2018
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Board's Report requirements expanded to mandate cost-records and harassment-committee disclosures and abridged reporting for very small companies.
The amendment expands Board's Report disclosures to require disclosure about maintenance of Central Government-specified cost records and compliance with constitution of an Internal Complaints Committee, exempts One Person Companies and Small Companies from the original rule, and inserts Rule 8A prescribing an abridged standalone-based Board's Report for those entities listing specific required items including web address of annual return, board meetings, Directors' Responsibility Statement, auditor-reported frauds, explanations for auditor qualifications, state of affairs, financial highlights, material post-year-end changes, director appointment/resignation details, significant regulator or tribunal orders, and related-party particulars in Form AOC-2.
Central Government appoints the day of 27th July, 2018 as the date on which the provisions of the Companies (Amendment) Act, 2017 shall come into force
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Commencement of Companies Amendment Act provisions appointed; specified sections declared in force by Central Government notification.
Central Government, under sub section (2) of section 1 of the Companies (Amendment) Act, 2017, appoints 27 July 2018 as the date on which Section 5 and Section 6 of the Act shall come into force, by notification issued by the Ministry of Corporate Affairs and signed by the Joint Secretary, with an administrative file reference.
Seeks to amend Notification No. S.O. 1935 (E), dated the 1st June, 2016
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Bench constitution expands tribunal's territorial jurisdiction by creating a new bench and assigning regional coverage.
An amendment to the principal notification constitutes the National Company Law Tribunal, Kochi Bench by altering the Table: omitting specified prior entries and inserting a new serial entry designating the Kochi Bench and assigning it territorial jurisdiction over the State of Kerala and the Union territory of Lakshadweep; the amendment is issued under section 419(1) of the Companies Act, 2013 and specifies its date of commencement.
Companies (Incorporation) Third Amendment Rules, 2018
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Residency requirement clarified to count extended stays; declarations replace affidavits in incorporation filings.
Defines "resident in India" as a person who stayed in India for not less than one hundred and eighty two days in the immediately preceding financial year and for 2018-2019 counts stays from the first of January until notification; substitutes a requirement that each subscriber to the memorandum and each first director submit a declaration in Form INC-9; replaces the word "Affidavit" with "Declaration" in Form INC-9; and amends the List of Attachments in Form INC-32 (SPICe) to require declaration by first subscribers and directors.

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