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Notifications
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Seeks to amend Notification No. S.O. 1935 (E), dated the 1st June, 2016
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Constitution of tribunal benches establishes new benches and reallocates state jurisdictions by amending the earlier notification.
The Central Government amends the principal notification to constitute two additional National Company Law Tribunal benches and reallocates state jurisdictions: Indore Bench is assigned the State of Madhya Pradesh and Amaravati Bench is assigned the State of Andhra Pradesh; corresponding entries are omitted and two new serial entries inserted. The amendment takes effect on publication and references the principal notification and earlier amendments.
Companies (Incorporation) Second Amendment Rules, 2019
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Incorporation rule amendment increases minimum capital threshold and modifies notice circulation wording under Companies Act.
The notification amends the Companies (Incorporation) Rules, 2014 by substituting "with the widest circulation" with "with wide circulation" in rule 30(5)(a), and by increasing the monetary threshold in the second proviso to rule 38(2) to "equal to rupees fifteen lakhs", the latter change effective from 18.03.2019; it is titled the Companies (Incorporation) Second Amendment Rules, 2019 and is made under section 469(1) and (2) of the Companies Act, 2013.
Central Government appoint persons as part-time members of the National Financial Reporting Authority (NFRA)
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Appointment of part-time NFRA members formalizes Authority composition, listing specified public and professional officeholders.
The Central Government, exercising the power in sub section (3) of section 132 of the Companies Act, 2013, has appointed specific serving officials and institutional office holders as part time members of the National Financial Reporting Authority to define its regulatory composition and ensure representation from government, the central bank, the securities regulator, and accounting profession bodies.
Seeks to amend Notification No. S.O. 2563(E), dated the 28th July, 2016
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Companies Act notification amendment alters a specified effective date in the official notification table, amending a prior entry.
Pursuant to powers under section 408 of the Companies Act, 2013, the Central Government amends Notification S.O. 2563(E) by substituting the figures in column (4) against serial number 14 in the Table, replacing the previously recorded figures with a new specified date; the amendment is confined to that single Table entry and does not modify other provisions of the principal notification.
Companies (Registration Offices and Fees) Amendment Rules, 2019
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Fee for filing e-Form ACTIVE amended to prescribe a specified surcharge for delayed filings and updated commencement.
Amendment adds Item VIII to the Annexure of the Companies (Registration Offices and Fees) Rules, 2014 prescribing fees for filing e-Form ACTIVE under the Companies (Incorporation) Rules, including a distinct fixed fee for delayed filings, with the amendment taking effect from the notified commencement date.
Companies (Incorporation) Amendment Rules, 2019 - Active Company Tagging Identities and Verification (ACTIVE)
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Active Company Tagging requires companies incorporated before 2018 to file e Form ACTIVE or face compliance restrictions and filing bans.
Every company incorporated on or before 31 December 2017 must file e Form ACTIVE with company and registered office particulars by 25 April 2019; failure to do so will result in marking as "ACTIVE non compliant" from 26 April 2019 with consequent restrictions on filing specified event based forms until e Form ACTIVE is filed. Filing e Form ACTIVE on or after 26 April 2019 with payment of ten thousand rupees will mark the company "ACTIVE Compliant." Form INC 22A prescribes required data, attachments, digital signature verification, and professional certification.
Companies (Adjudication of Penalties) Amendment Rules, 2019
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Adjudication of penalties: streamlined appointment, electronic notices and hearings with mandatory payment through the MCA portal.
Amendment centralises appointment of adjudicating officers not below Registrar and requires written show-cause notices specifying alleged non-compliance, relevant penal provisions and maximum penalty. Replies must be filed electronically, with limited extension for sufficient cause; officers may summon witnesses, compel documents, require physical appearance or allow oral representation, and may pass orders after hearing or in the absence of non-appearing persons with reasons. Penalty quantum must account for company size, business nature, public injury, repetition, disproportionate gain and investor or creditor loss; fixed statutory penalties apply where provided. Penalties payable via MCA portal and credited to the Consolidated Fund of India.
Companies (Prospectus and Allotment of Securities) Second Amendment Rules, 2019
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Disclosure requirement removed for small-application unallotted securities in companies prospectus and allotment rules amendment notification
Amendment to the Companies (Prospectus and Allotment of Securities) Rules, 2019 omits from Form PAS-3, item (b) against serial number 6, the words "not allotted securities with an application size of less than twenty thousand per person", thereby removing that descriptive checkbox from the prescribed return; the rule is made under powers conferred by the Companies Act, 2013 and takes effect on publication in the Official Gazette.
National Financial Reporting Authority (Manner of Appointment and other Terms and Conditions of Service of Chairperson and Members) Amendment Rules, 2019
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Appointment timeline for NFRA members changed to a reasonable period, replacing a fixed statutory deadline in the rules.
The Central Government amends rule 4(5) of the NFRA appointment rules by substituting the phrase "within a period not exceeding one hundred and twenty days" with "within a reasonable period of time," removing a fixed numeric deadline and replacing it with a flexible temporal standard; the Amendment Rules, 2019 take effect on publication in the Official Gazette under section 132(3) of the Companies Act, 2013.
Companies (Significant Beneficial Owners) Amendment Rules, 2019
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Significant beneficial ownership rules require individuals with 10%+ indirect or direct economic or voting rights to declare ownership.
Amendment revises definitions and procedures for identifying and reporting significant beneficial owners in reporting companies, specifying that individuals holding ten per cent or more of shares, voting rights, distributable dividends or exercising significant influence or control-directly or indirectly-must declare via Form BEN-1; reporting companies must issue BEN-4 to non-individual members holding at least ten per cent, file BEN-2 with the Registrar within thirty days of receiving a declaration, and may apply to the Tribunal to restrict shares where required information is not provided or is unsatisfactory.
Central Government appoints the 30th January 2019 as the date on which the provisions of section 465 of the Companies Act, 2013 in so far as they relate to the repeal of the Companies Act, 1956 (1 of 1956) [that in except in so far as they relate to the repeal of the Registration of Companies (Sikkim) Act, 1961 (Sikkim Act 8 of 1961)] shall come into force
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Repeal of Companies Act: commencement of repeal under section 465 activated, with explicit exception for Sikkim registration law.
The Central Government appointed 30 January 2019 as the commencement date for the repeal-related operation of section 465 of the Companies Act, 2013, making the repeal of the earlier Companies Act, 1956 operative, subject to the explicit exclusion of repeal of the Registration of Companies (Sikkim) Act, 1961.
Specified Companies (Furnishing of information about payment to micro and small enterprise suppliers) Order, 2019
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Specified companies must file half-yearly MSME Form I reporting outstanding payments to micro and small enterprise suppliers and reasons for delay.
Specified Companies whose payments to micro and small enterprise suppliers exceed forty five days must submit half-yearly returns in MSME Form I stating the amount of payment due and reasons for delay; an initial return of outstanding dues must be filed within thirty days of the notification, and regular returns by 31 October and 30 April, with supplier particulars, amounts, due dates and a signed declaration.
Companies (Prospectus and Allotment of Securities) Amendment Rules, 2019
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Exclusion from prospectus rule applicability: certain unlisted public companies are exempted from rule 9A requirements.
Amendment adds sub-rule (11) to rule 9A specifying that rule 9A shall not apply to an unlisted public company which is a Nidhi, a Government company, or a wholly owned subsidiary; the amendment is made under powers conferred by the Companies Act, 2013 and comes into force on notification in the Official Gazette.
Companies (Acceptance of Deposits) Amendment Rules, 2019
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Companies' deposit rules amended: one-time DPT-3 return required for non-deposit receipts since April 2014, within 90 days.
The amendment requires every company other than a Government company to use Form DPT-3 to file a one-time return of outstanding money or loans not considered as deposits under rule 2(1)(c) for the period 1 April 2014 to the notification date, within ninety days of publication and with the prescribed fee; it also adds Real Estate Investment Trusts to the exclusions and substitutes a detailed Form DPT-3 prescribing categories of non-deposit receipts and required attachments.
National Company Law Tribunal (Amendment) Rules, 2019
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Authority allocation to Regional Director replaces Central Government role in specified Rule 71 provisions upon Gazette publication.
The Amendment Rules substitute "Regional Director" for "Central Government" in clause (b) of sub rule (3) and in sub rule (4) of Rule 71 of the National Company Law Tribunal Rules, thereby reallocating the specified administrative functions to the Regional Director; the rules are named the National Company Law Tribunal (Amendment) Rules, 2019 and commence on publication in the Official Gazette.

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