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Companies act 2013

dipali shinde (company secretary) (163 Points)

21 October 2013

Dear All,

Few sections of companies act 2013 have come into effect from 12th Sept, 2013. Eg. definition of Pvt ltd company has changed. Definition of associate company has been included. Section 185 has become applicable.

Are existing pvt ltd companies required to alter their AOA so as to bring the definitions therein or provisions therein in tune with Companies Act, 2013 ? or will the provisions become applicable per se and there is no need to amend the AOA.

Or should existing Pvt Ltd companies wait till the whole act comes into force for amendments to the AOA or MOA ?

Thanks

Dipali Shinde

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5 Replies

CA LOVELY ARORA (C.A. B.Com (H) Graduate) (2151 Points)
Replied 21 October 2013

Dear Mam,

The requisite changes in AOA are required to be made in accordance with relevant provisions e.g. when we first wrote in the initial line as "The Companies Act, 1956" now to be wrote as "The Companies Act, 1956 and The Companies Act, 2013 (as implemented)".... and other relevant provisions/sections are required to be amended..

Because we also filed a company incorporation case after the relevant date.. but got re-submission request from MCA to make necessary updations.. so, kindly make changes in MOA/AOA etc...

Best Regards,
CA Lovely Arora
Lovely Arora and Associates
ca.lovelyarora @ gmail.com

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dipali shinde (company secretary) (163 Points)
Replied 21 October 2013

Originally posted by : CA LOVELY ARORA

Dear Mam,

The requisite changes in AOA are required to be made in accordance with relevant provisions e.g. when we first wrote in the initial line as "The Companies Act, 1956" now to be wrote as "The Companies Act, 1956 and The Companies Act, 2013 (as implemented)".... and other relevant provisions/sections are required to be amended..

Because we also filed a company incorporation case after the relevant date.. but got re-submission request from MCA to make necessary updations.. so, kindly make changes in MOA/AOA etc...

Best Regards,
CA Lovely Arora
Lovely Arora and Associates
ca.lovelyarora @ gmail.com

Thanks lovely ,

but what about existing companies. are they required to change their articles to be in tune with NEW act ? any update for existing companies ?

CA LOVELY ARORA (C.A. B.Com (H) Graduate) (2151 Points)
Replied 21 October 2013

Dear Mam,

yes, it is applicable for both, new and existing companies, but as you know, existing companies are not required to file their MOA/AOA to MCA as such, they need to sent them AOA only when changes in AOA are made.... and these changes must not be considered as change in AOA..... so, all companies are not required to file updated AOA with MCA... however, you need to change it in your records, as whenever it is required by any party concerned, you are updated with new requisite changes...

anuradha (Article student) (21 Points)
Replied 23 November 2013

Are there any changes in Caro due to Companies Act 2013 ?

suraj (student) (22 Points)
Replied 07 March 2014

Dear All,

Issue of ESOPs are being covered under Section 62 of the Companies Act, 2013. I had a query regarding the recourse employees have incase a Company does a amendment to the scheme which is detrimental to interests of the employee.

Thanks

Suraj Eksambekar