Considering the current scenario and complexity of matching the amendments with the present provisions of the Companies Act, 2013, here is a complete help guide for students and professionals to update themselves with the amendments proposed to be incorporated by the Companies (Amendment) Bill, 2020.
The whole content is based on the provisions as provided by the MCA.
NOTE:
1. The old provisions which are repealed/ substituted/ omitted/ altered/ changed are highlighted in bold with red colour.
2. The new provisions which are introduced are highlighted in bold with green colour.
3. The following comparison chart can be used by CS/CA/ CMA/ LAW students as well as the members of the ICSI/ICAI/ICMAI for reference purpose.
Structure of Companies
The Companies Act, 2013 introduced important changes in company incorporation. It allowed for the formation of One-Person Companies, where a single person can be the member. These companies require at least one director who must have stayed in India for a minimum of 182 days in the previous calendar year. One-person companies are exempt from holding annual general meetings and only need to conduct one board meeting every six months with a gap of at least 90 days. Quorum requirements for meetings do not apply to them. The memorandum of these companies must specify a person who will become a member if the original subscriber dies or becomes incapacitated. Additionally, the Act increased the upper limit of members in a private company from 50 to 200.
THE COMPANIES (AMENDMENT) BILL, 2020
COMPARISON CHART
|
SR NO |
SECTION |
COMPANIES (AMENDMENT) BILL, 2020 |
COMMENTS / REMARKS |
|
|
1 |
2(52) |
Listed company means a company which has any of its securities listed on any recognized stock exchange (RSE). |
Proviso added: Provided that such class of companies, which have listed or intend to list such class of securities, as may be prescribed in consultation with the Securities and Exchange Board, shall not be considered as listed companies. |
Now certain class of securities which are listed shall not be considered for the purpose of definition given in section 2(52) of the Act after due consultation with the SEBI. |
|
2 |
8(11) |
If a company makes any default in complying with any of the requirements laid down in this section, the company shall, without prejudice to any other action under the provisions of this section, be punishable with fine which shall not be less than ten lakh rupees but which may extend to one crore |
(a) the words "with imprisonment for a term which may extend to three years or" shall be omitted; (b) for the words "twenty-five lakh rupees, or with both", the words "twenty five lakh rupees" shall be substituted. |
The punishment of imprisonment has been discarded. |
|
rupees and the directors and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to three years or with fine which shall not be less than twenty- five thousand rupees but which may extend to twenty-five lakh rupees, or with both: Provided that when it is proved that the affairs of the company were conducted fraudulently, every officer in default shall be liable for action under section 447. |
||||
|
3 |
16(1)(b) |
on an application by a registered proprietor of a trademark that the name is identical with or too nearly resembles to a registered trademark of such proprietor under the Trade Marks Act, 1999, made to the Central Government within three years of incorporation or registration or change of name of the company, whether under this Act or any previous company law, in the opinion of the Central Government, is identical with or too nearly resembles to an existing trademark, it may direct the company to change its name and the company shall |
in sub-section (1), in clause (b), for the words "period of six months", the words "period of three months" shall be substituted. |
Now the Company has to comply with the directions of CG on a much shorter period of 3 months. |
To view/download the complete comparison chart, click here
DISCLAIMER: The above article is based on the current scenario as on the day and time of writing this article. In no case, I shall be responsible for any changes in the provisions thereafter.
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