Exemptions to Private Companies under section 462 of CA 2013
X X X X Extracts X X X X
X X X X Extracts X X X X
....(2) of the Table, shall not apply or shall apply with such exceptions, modifications and adaptations, as specified in column (3) of the said Table, to a private company, namely:- Serial number Chapter/ Section number/ Sub- section(s) in the Companies Act, 2013 Exceptions/ Modifications /Adaptations (1) (2) (3) ^2[1 Chapter I, clause (40) of section 2. For the proviso, the following shall be substituted, namely:- Provided that the financial statement, with respect to one person company, small company, dormant company and private company (if such private company is a start-up) may not include the cash flow statement; Explanation. - For the purposes of this Act, the term 'start-up....
X X X X Extracts X X X X
X X X X Extracts X X X X
....n" shall be substituted 5. Chapter IV, section 67. Shall not apply to private companies - (a) in whose share capital no other body corporate has invested any money; (b) if the borrowings of such a company from banks or financial institutions or any body corporate is less than twice its paid up share capital or fifty crore rupees, whichever is lower; and (c) such a company is not in default in repayment of such borrowings subsisting at the time of making transactions under this section. ^3[6. Chapter V, clauses (a) to (e) of sub-section (2) &....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e signed by the company secretary, or where there is no company secretary, by the director of the company.] 7. Chapter VII, sections 101 to 107 and section 109. Shall apply unless otherwise specified in respective sections or the articles of the company provide otherwise. 8. Chapter VII, clause (g) of sub-section (3) of section 117. Shall not apply. 9. Chapter X, Clause (g) of sub-section (3) of section 141. Shall apply with the modification that the words "other than one person companies, dormant companies, small companies&nbs....
X X X X Extracts X X X X
X X X X Extracts X X X X
....11B Chapter XII, sub-section (3) of section 174. Shall apply with the exception that the interested director may also be counted towards quorum in such meeting after disclosure of his interest pursuant to section 184.] 12. Chapter XII, section 180. Shall not apply. 13. Chapter XII, sub-section (2) of section 184. Shall apply with the exception that the interested director may participate in such meeting after disclosure of his interest. 14. Chapter XII, section 185. Shall not apply to a private company - (a) in whose share capital no other body corporate has invested any money; (b) ....
TaxTMI