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Constitution of Committee to review the offences under the Companies Act, 2013
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Review of corporate offences to recommend reclassification, penalty mechanisms and an in house adjudicatory system minimizing discretion.
Constitution of a Committee to review offences under the Companies Act, comprising official and non official members with power to invite experts and regulators; non official members eligible for travel allowances if not sponsored; Ministry to provide secretarial support. Terms of reference include reclassifying certain compoundable offences into civil penalty regimes for companies and officers in default, reviewing non compoundable offences for possible recategorization, improving the penalty levy mechanism, designing an MCA21 driven in house adjudicatory mechanism to minimize discretion, drafting proposed legal changes, and addressing related matters; recommendations due within thirty days of first meeting.
Amendment in Notification No. G.S.R 729 (E), dated the 21st September, 2015
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Pay fixation for tribunal appointees ensures prior pay preserved on joining the National Company Law Tribunal, subject to member limit.
Amendment inserts provisos into rule 3 fixing that a serving or retired Chief Justice joining as President, NCLT, shall have pay fixed at the level drawn on demitting previous office without affecting other President entitlements; and that serving or retired government officers, Tribunal or Appellate Tribunal office holders, or High Court judges joining as Members shall have pay fixed at the level drawn on demitting previous employment, subject to an upper limit, without affecting other Member entitlements.
Amendment in Notification No. S.O. 1935 (E), dated the 1st day of June, 2016
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Creation of adjudicatory bench expands territorial jurisdiction through amendment to company law notification, with a specified commencement date.
Amendment to a prior notification under section 419(1) of the Companies Act, 2013 establishes a new National Company Law Tribunal bench by removing certain state entries from two serials of the notification table and inserting a new serial creating the Cuttack Bench with jurisdiction over two states; the amendment specifies an operative commencement date and cites the principal notification and prior Gazette amendments.
Companies (Appointment and Qualification of Directors) fourth Amendment Rules, 2018
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Directors KYC: annual filing of e form DIR 3 KYC required; non filing leads to DIN deactivation and re activation on compliance.
The amendment mandates annual submission of e form DIR 3 KYC by every individual allotted a DIN as on 31 March, to be filed by 30 April next year (transitional filing by 31 August 2018 for existing DINs). Failure to file permits deactivation of the DIN by the competent authority; re activation requires filing DIR 3 KYC and payment of prescribed fees. FORM NO. DIR 3 KYC prescribes mandatory identity and address proofs, certifications by the director and the certifying professional, declarations on disqualification and duplicate DINs, and liability for false statements.
Companies (Acceptance of Deposits) Amendment Rules, 2018
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Companies deposit rules amended: auditor certificate on deposit defaults, rule 5 removed, 20% liquidity requirement introduced.
The amendment requires a statutory auditor's certificate in Form DPT-1 confirming absence of default or that any default has been made good and five years have lapsed; omits rule 5; substitutes rule 13's proviso to maintain at least twenty per cent of maturing deposits as remaining deposited; omits clause (k) of rule 14(1); and replaces Forms DPT-1 and DPT-3 with revised disclosure and return formats including specified attachments and director declarations.
Central Government appoints the 15th August, 2018 as the date on which the provisions of Various section of the Companies (Amendment) Act, 2017 shall come into force
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Commencement of Companies Amendment Act: specified provisions appointed to come into force by government notification.
Central Government appoints 15th August, 2018 as the commencement date for specified provisions of the Companies (Amendment) Act, 2017, bringing into force Section 15, Section 16, Section 75 and Section 76 of the Act by notification under the power conferred by sub section (2) of section 1.
Central Government appoints the 5th July, 2018 as the date on which the provisions of Section 20 of the Companies (Amendment) Act, 2017 shall come into force
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Commencement of Section 20: provisions of Companies (Amendment) Act, 2017 activated by central government appointment.
Central Government appoints 5th July 2018 as the commencement date for Section 20 of the Companies (Amendment) Act, 2017 by notification of the Ministry of Corporate Affairs, issued under the powers conferred by subsection (2) of section 1 of the Act, specifying when the provisions of Section 20 shall come into force.
Companies (Authorised to Register) Second Amendment Rules, 2018
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Company registration requirements expanded: new entity definitions, document and verification obligations enable conversions under updated procedural rules.
Amendments define "society" and "trust", designate registrars, and render Chapter II incorporation provisions applicable mutatis mutandis to registrations under Part I of Chapter XXI, impose minimum membership rules and require companies with fewer than seven members to register as private companies. They prescribe detailed, category specific documentation and verification to accompany Form URC 1 (member/partner/trustee lists, proposed directors' particulars, constitutive instruments, secured creditors' consents, majority member consent, stamp law undertakings, income tax returns), empower the Registrar to issue licenses permitting omission of "Limited" in names subject to eligibility, mandate dissolution undertakings, verification by proposed directors, and introduce procedural notifications, moratoria and updated URC forms.
Companies (Registration Offices and Fees) Third Amendment Rules, 2018
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Director KYC fee introduced: late filings after the specified deadline will attract a fixed late fee; transitional waiver provided.
Amends the Companies (Registration Offices and Fees) Rules, 2014 by inserting a new Annexure item establishing the fee for filing e Form DIR 3 KYC under rule 12A: a fee is payable for filings made by 30th April each year for directors as at the preceding 31st March, a specified higher fee applies to delayed filings, and a transitional waiver for the 2018-2019 year makes no fee chargeable until 31st August, 2018 with the late fee payable on or after 1st September, 2018.
Companies (Registration of Charges) Amendment Rules, 2018
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Charge satisfaction intimation requires filing CHG-4 within three hundred days and related rules are amended.
Amendments require substitution in rule 3(1) to read that specified documents "shall be filed"; replace rule 8(1) to require companies or charge holders to intimate payment or satisfaction in full of any registered charge to the Registrar in Form No.CHG-4, with the intimation and fee to be furnished "within a period of three hundred days" from the date of payment or satisfaction; and amend rule 12(1) by substituting "within thirty days" with "within a period of three hundred days."
Seeks to amend Notification No. S.O. 1935 (E), dated the 1st day of June, 2016
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Establishment of National Company Law Tribunal bench expands tribunal locations by adding a Jaipur bench under amended notification.
Establishment of a National Company Law Tribunal bench at Jaipur by amendment of the earlier notification, omitting the prior Rajasthan entry in the Table and inserting a new serial entry for the National Company Law Tribunal, Jaipur Bench with Jaipur as its seat; the amendment becomes operative on the notified commencement date and cites the principal notification and prior amendment for record.
Corrigendum - Notification No. S.O. 2422(E), dated the 13th June, 2018
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Correction to notification updates statutory references by adding Clause (iii) of Section 21 alongside Section 22.
Corrigendum correcting a government notification by substituting the phrase "Section 22" with "Clause (iii) of Section 21 and Section 22" in the published text; the change is a textual amendment to the statutory references in the earlier notification as recorded for the Ministry's official file.
Companies (Accounting Standards) Amendment Rules, 2018
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Disposal of non-integral foreign operation clarified: rules on dividends, repatriation, partial disposals, and write-downs specified.
Amendment to AS 11 defines disposal of non-integral foreign operations as sale, liquidation, repayment of share capital, or abandonment; treats dividends as disposal only if they return investment; excludes repatriation of accumulated profits from disposal unless constituting return of investment; includes only proportionate accumulated exchange differences on partial disposals; and states that write-downs are not partial disposals and do not trigger recognition of deferred foreign exchange gains or losses.
Companies (Registered Valuers and Valuation) 2nd Amendment Rules, 2018
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Valuation rules amendment adds presidents of major professional institutes as ex officio members of valuation governance.
Amendment inserts a new clause providing that the presidents of the three principal professional accountancy and company governance institutes shall serve as ex officio members, thereby altering the composition of the valuation rules' governing membership. The amendment takes effect upon publication in the Official Gazette and is made under the Companies Act rule making powers.
Companies (Significant Beneficial Owners) Rules, 2018
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Significant beneficial ownership requires declaration, company filing, register maintenance, notice powers and potential share restrictions.
These Rules require individuals holding significant beneficial ownership (not less than ten per cent. or exercising ultimate control) to file Form BEN-I with the company on commencement or within thirty days of acquisition/change; companies must file Form BEN-2 with the Registrar within thirty days, maintain a register in Form BEN-3 open for inspection, issue Form BEN-4 notices to obtain SBO information, and may apply to the Tribunal for restrictions on shares including transfer, dividend and voting suspensions. Pooled investment vehicles and regulated funds are excluded.
Companies (Management and Administration) 2nd Amendment Rules, 2018
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Postal ballot flexibility: companies providing electronic voting may transact ballot items at general meetings; small companies exempt.
The amendment omits rule 13, deletes sub rule (6) of rule 15 and the Explanation to rule 18(3)(ix), and omits Form No. MGT 10. It substitutes the proviso to rule 22(16) to allow items otherwise requiring postal ballot to be transacted at a general meeting where the company must provide members a facility to vote electronically; additionally, One Person Companies and companies with up to two hundred members are not required to transact any business through postal ballot.
Central Government appoints the 13th June, 2018 as the date on which the Sections of Companies (Amendment) Act, 2017 shall come into force
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Commencement date set for specified sections of Companies (Amendment) Act to come into force as notified.
Central Government appointed 13th June 2018 as the commencement date for specified provisions of the Companies (Amendment) Act, 2017, bringing into force Clause (iii) of Section 21 and Section 22, and Sections 24, 25, 26 and 71; the notification was issued under the executive commencement power and is accompanied by a corrigendum recording a correction.
Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2018
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Director Identification Number application and change-of-particulars updated via substituted DIR-3 and DIR-6 forms with identity verification.
The notification substitutes revised forms DIR-3 and DIR-6 under the Companies (Appointment and Qualification of Directors) Rules, 2014. DIR-3 prescribes application requirements for allotment of a Director Identification Number (DIN), mandating identity, residence and PAN/passport details, documentary attachments, applicant verification and company certification. DIR-6 prescribes intimation of changes in director/designated partner particulars, required proofs of change, PAN requirements, applicant attestations and certifier verification. Both forms require digital signatures and reference penalties for false statements.
Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund) Third Amendment Rules, 2017.
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Investor Education and Protection Fund rules now require companies to file Form IEPF 7 within thirty days of remittance.
The amendment to rule 6(13) mandates that details of amounts remitted to the Investor Education and Protection Fund be furnished to the Authority in Form No. IEPF-7 within thirty days from the date of remittance or within thirty days from the date of enforcement of the Rules, as applicable. Form No. IEPF-7 requires corporate and bank transaction identifiers, amount and date credited, financial year, particulars of amounts (dividends, delisting, winding up, others), prescribed attachments, and a digitally signed declaration of compliance.
Corrigendum - Notification Number G.S.R. 432(E), dated the 7th May, 2018
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Terminology correction clarifies a notification by replacing 'Amendment' with 'Second Amendment' to ensure accurate reference.
A corrigendum to G.S.R. 432(E) replaces the word "Amendment" with "Second Amendment" in line 7 of the original Gazette notification, clarifying the textual reference and identifying the prior notification and its publication particulars.

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