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Notifications
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Seeks to amend Notification No. G.S.R. 463(E) dated the 5th June, 2015
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Exemption from segment reporting: companies engaged in defence production excluded from section 129 obligations to that extent.
The Central Government amends the prior notification to provide that Section 129 (Chapter IX) shall not apply to companies engaged in defence production to the extent of application of the relevant Accounting Standard on segment reporting, thereby excluding those companies from segment reporting obligations under that chapter while leaving other statutory reporting duties intact.
Companies (Removal of Difficulties) Order, 2018
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Removal of re-appointed independent director now requires a special resolution after a reasonable opportunity to be heard.
The Order inserts a proviso in section 169(1) providing that an independent director re-appointed for a second term shall be removed by the company only by passing a special resolution and after being given a reasonable opportunity of being heard, with the change made under the removal-of-difficulties power and effective on publication in the Official Gazette.
Companies (Authorised to Register) Amendment Rules, 2018
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Companies (Authorised to Register) Amendment substitutes Form URC-1 for conversions from firms/LLPs to companies under section 366.
The amendment replaces Form URC-1 to govern registration for conversion of firms and LLPs into companies, specifying required applicant and corporate particulars (entity type, membership, proposed company name and category, constituting instrument details, share and guarantee particulars, meetings and resolutions). It sets a comprehensive attachments schedule (members list, declarations, affidavits, constituting instrument, registration certificate, advertisement, stamp compliance certificate, consents, auditor-certified accounts, undertakings, tax returns) and requires digital signatures and practising professional certification, with notice of penal provisions for false statements.
Companies (Management and Administration) Amendment Rules, 2018
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Companies Amendment Rules 2018 substitute Forms MGT 6 and MGT 15, prescribing declaration and AGM reporting formats with signature requirements.
The Amendment Rules, 2018 substitute Forms MGT 6 and MGT 15: MGT 6 records declarations where the registered holder lacks beneficial interest, including share details, holder and beneficial owner particulars, dates, authorized person data, required declarations, attachments and digital signature; MGT 15 reports annual general meeting particulars, attendance, quorum confirmation, fair summary of proceedings, compliance confirmation with the Act and rules, adjournment/postponement particulars, attachments and digital signature, with reminders of penalties for false statements.
Companies (Audit and Auditors) Amendment Rules, 2018
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Companies audit forms updated: new ADT 1 and ADT 2 prescribe auditor appointment and removal information for filings.
The notification substitutes new Forms ADT-1 and ADT-2 in the Companies (Audit and Auditors) Rules, 2014. ADT-1 prescribes company and auditor identification, appointment nature and tenure, joint auditor status, compliance with the twenty company limit, prior tenures, AGM or casual vacancy indicators, SRN references, and specified attachments including auditor consent and company resolution. ADT-2 prescribes grounds for removal before term expiry, account qualifications, hearing opportunities, related proceedings, auditor appointment particulars, special notice particulars, audit fee status, audit pendency and required attachments; both require authorised digital declaration and note penal provisions for false statements.
Central Government appoints the 09 February, 2018 as the date on which the provisions of the Companies (Amendment) Act, 2017 shall come into force
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Companies (Amendment) Act commencement: specified provisions take effect on 9 February 2018 by government notification.
Central Government, under sub section (2) of section 1 of the Companies (Amendment) Act, 2017, appoints 09th February 2018 as the date on which specified provisions of the Act come into force. The notification enumerates individual sections and section ranges-including sections 7, 9, 14, 17, 27-29, 32, 34-35, 38, 41-45, 47-48, 50-51, 53, 63-65, 72-74, 77-79, 82, 84-85 and 90-93-thereby commencing only those listed provisions.
Companies (Registered Valuers and Valuation) Amendment Rules, 2018
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Valuation rules amendment extends the compliance deadline for registered valuers and alters the operative timeline.
The amendment modifies the Companies (Registered Valuers and Valuation) Rules, 2017 by substituting the date specified in Rule 11 with a later deadline, thereby extending the applicable compliance period; the change is made under statutory powers in the Companies Act and takes effect upon publication in the Official Gazette.
Designation of Special Court
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Designation of Special Courts ensures speedy trial of Companies Act offences punishable by imprisonment.
The Central Government, under Section 435(1) of the Companies Act, 2013 and with concurrence of the Chief Justices, designates specified district and sessions courts as Special Courts to provide speedy trial of offences under the Act punishable with imprisonment of two years or more, listing the courts and their territorial jurisdictions in Kerala, Lakshadweep, Odisha and Assam.
Exemption to Government Companies under section 129(6) of Companies Act, 2013 from recognizing Deferred Tax Assets/ Deferred Tax Liability under AS-22/Ind AS-12
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Deferred tax exemption for specified government companies: AS-22/Ind AS-12 not to apply where statutory eligibility met.
The Central Government exempts specified Government companies from the application of Accounting Standard 22 or Indian Accounting Standard 12 on deferred tax asset and deferred tax liability, under sub-section (6) of Section 129 of the Companies Act, 2013; the exemption applies to government companies that are public financial institutions or RBI-registered NBFCs engaged in infrastructure finance leasing with the bulk of revenue derived from business with Government-owned or controlled entities.
Companies (Appointment and Qualification of Directors) Amendment Rules, 2018
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Director Identification Number application must be filed electronically with digital signature and company verification before appointment.
Prospective directors must obtain a Director Identification Number (DIN) by electronic application in Form DIR-3 before appointment to an existing company; DIR-3 must be signed with the applicant's own Digital Signature Certificate and digitally verified by a full-time company secretary or by the managing director, director, CEO or CFO of the company, and must include identity/residence proofs, PAN for Indian nationals or passport for foreign nationals, and a board resolution proposing the appointment; DIN allotment for up to three proposed directors may be effected via SPICe (INC-32).
Regarding commencement of Companies Amendment Act 2017
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Commencement of Companies Amendment Act: sections 1 and 4 brought into force by government appointment.
The Central Government, exercising the power conferred by sub section (2) of section 1 of the Companies (Amendment) Act, 2017, appointed 26th January, 2018 as the date on which the provisions of section 1 and section 4 of the Act shall come into force by notification of the Ministry of Corporate Affairs.
Ministry of Corporate Affairs, Serious Fraud Investigation Office, Additional Director (Capital Market)/Joint Director (Capital Market) and Additional Director (Financial Transactions)/Joint Director (Financial Transactions) Group 'A' Post Recruitment (Amendment) Rules, 2018
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Pay matrix revision and deputation rules updated for senior capital market and financial transactions posts; qualification requirements clarified.
The rules amend recruitment for specified Group A SFIO posts by substituting pay-matrix levels for prior pay-band descriptions, stipulating that only one of each paired post operates at a time, mandating consultation with the Union Public Service Commission, revising deputation eligibility wording to "autonomous or statutory bodies," requiring essential diplomas to be from a recognised university or institute, and adding a desirable competency in evidence collection and statement recording for financial transactions posts.
Companies (Incorporation) Amendment Rules, 2018
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Name reservation via RUN and mandatory INC-32 (SPICe) filings streamline incorporation while requiring regulator approvals.
The Amendment Rules require name reservation to be made via the MCA web service using the RUN facility and replace rule 9 accordingly; they substitute rule 12 to mandate filing of company incorporation applications in Form INC-32 (SPICe) with prescribed fees, require sectoral regulator approvals where company objects so demand and a declaration at incorporation, omit Form INC-7, update multiple prescribed forms (INC-1, INC-3, INC-12, INC-22, INC-24, INC-32) and add provisos governing MOA/AOA filing formats when there are more than seven subscribers or signing outside India and fee exemptions for small companies.
Companies (Registration Offices and Fees) Amendment Rules, 2018
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Registration Fees revised to prescribe tiered capital-based charges, cap on additional fees and limited exemptions.
Amendment inserts a proviso disallowing re-submission of applications for name reservation via the web service RUN and substitutes the Table of Fees payable to the Registrar, establishing tiered registration and filing charges for companies with and without share capital, differentiated treatment for One Person Companies and Small Companies, incremental fees based on bands of nominal capital with an overall cap on additional fees, and targeted exemptions for low-capital incorporations and specified statutory filings and capital adjustments.
Central Government appoints Shri Amardeep Singh Bhatia, IAS (NL : 93) as Director in the Serious Fraud Investigation Office, on lateral shift basis, with effect from the 08th January, 2018 (A/N) to 25th March, 2020
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Appointment under Section 211(3) Companies Act: Director placed in Serious Fraud Investigation Office on lateral shift until further orders.
The Central Government appoints Shri Amardeep Singh Bhatia, IAS, as Director in the Serious Fraud Investigation Office on a lateral shift basis, effective from the stated commencement date and continuing until the stated end date or until further orders, whichever is earlier, under the administrative authority of the Ministry of Corporate Affairs.

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