Clarification on Notification dated 12.9.13

MCA has issued a clarification on 18.9.13 that w.e.f. 12.9.13 the relevant provisions of Companies Act, 1956 corresponding to 98 sections of the Companies Act, 2013 brought into force on 12.9.13, shall cease to have effect from that date http://mca.gov.in/Ministry/pdf/General_Circular_16_2013.pdf.

Clarification on Notification dated 12.9.13

MCA has issued clarification on Notification dated 12.9.13 vide Circular No. 15/2013 dt. 13.9.13. 

providing that :-

1. Registrar of Companies may register those Memorandum and Articles of Association received till 11.9.13 as per the definition clause of the .private company, under the Companies Act 1956.

2. All companies which have issued notices of general meeting on or after 12.9.13, the statement to be annexed to the notice shall comply with additional requirements as prescribed in section 102 of the said
2013 Act.

3. Till the Standards of Accounting or any addendum thereto are prescribed by central Government in consultation and recommendation of the National Financial Reporting Authority, the existing Accounting Standards notified under the Companies Act 1956 shall continue to apply.

4  In respect of requirements of special resolution under Section 180 of the said Act 2013 as against ordinary resolution required by the Companies Act 1956, if notice for any such general meeting was
issued prior to 12.9.2013, then such resolution may be passed in accordance with the requirement of the Companies Act 1956.

 

http://mca.gov.in/Ministry/pdf/General_Circular_15_2013.pdf.pdf 

MCA has notified 98 sections for implementation of the provisions of the companies Act 2013

MCA has notified 98 sections for implementation of the provisions of the companies Act 2013 vide Notification dated 12.9.13
http://mca.gov.in/Ministry/pdf/CommencementNotificationOfCA2013.pdf 

JOURNEY OF COMPANIES ACT, 2013

JOURNEY OF COMPANIES ACT, 2013

The review and redrafting of the Companies Act, 1956 was taken up by the Ministry of Corporate Affairs on the basis of a detailed consultative process.  A `Concept Paper on new Company Law’ was issued by the Govenment on 4^th August, 2004.  The inputs received were put to a detailed examination in the Ministry. The Government also constituted an Expert Committee on Company Law under the Chairmanship of Dr. J.J. Irani on 2^nd December 2004 which was submitted its report to the Government on 31^st May 2005.

The much-awaited Companies Bill, 2008 was introduced by the Government in the Lok Sabha on October 23, 2008. Consequently, the Companies (Amendment) Bill, 2003 introduced in Rajya Sabha on 7^th May, 2003 was withdrawn on 21^st October, 2008

Companies Bill 2011 was once again introduced in Lok Sabha on 14^th December, 2011. The Companies Bill 2011 was laid before the Parliament in month of December 2011 and was referred to the Parliamentary Standing Committee on Finance, headed by Mr. Yashwant Sinha. The Standing Committee submitted its report in June, 2012. Based on Standing Committee recommendations, the Companies Bill 2011 was amended and was introduced as the Companies Bill, 2012 (the Bill).

The Companies Bill, 2012 was passed in Lok Sabha on 18 December 2012. The Companies Bill 2012 was passed by the Rajya Sabha on 08.08.2013.

The Companies Bill, 2012, on receiving the assent of Honorable President of India on August 29, 2013, was notified in the Gazette of India on August 30, 2013 as the Companies  Act, 2013 (18 of 2013). The Section 1 of the Act has come into force from the date of the notification. http://egazette.nic.in/WriteReadData/2013/E_27_2013_425.pdf