TMI BlogNotification of sections under Companies (Amendment) Act, 2017X X X X Extracts X X X X X X X X Extracts X X X X ..... Notification of sections under Companies (Amendment) Act, 2017 - By: - Chinki Singhal - Corporate Laws / IBC / SEBI - Dated:- 18-7-2018 - - In reference to Commencement notification dated May 07, 2018 , June 21, 2018 and July 05, 2018 the Ministry of Corporate Affairs has notified the following Sections of the Companies (Amendment) Act, 2017: May 07, 2018: S.O. 1833(E). -In exercise of the Power conferred by Sub-Section (2) of Section 1 of the Companies (Amendment) Act, 2017 (1 of 2018) , the Central Government hereby appoints the 7th May, 2018 as the date on which the following provisions of the said Act shall come into force, na mely:- # Section of Companies Amendment Act, 2017 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Amended Sections of Companies Act, 2013 Particulars 1 Clause (i) and clause (xiii) of section 2 ; Clause 2 (6) Definitions 2 Section 8 ; Section 26 Matters to be stated in prospectus 3 Section 13; Section 54 Issue of sweat equity shares 4 Sections 18 and 19 ; Section 77 78 Duty to Register of charges, etc. and Application for Registration of charge 5 Clauses (i) and (ii) of section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 21; Section 89 (6) (7) Declaration in respect of Beneficial Interest in any share 6 Clauses (iii) and (iv) of section 23; Section 92 Annual return 7 Sections 30 and 31 ; Section 117 Resolutions and Agreements to be filed 121 Report on Annual General meeting 8 Section 33 ; 129 Financial Statement 9 Sections 39 and 40; 137 Copy of financial statement to be filed with registrar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 139 Appointment of Auditors 10 Section 46; 149 Company to have Board of Directors 11 Section 49; 157 Company to inform DIN to registrar 12 Section 52 ; 164 Disqualification for appointment of Directors 13 Sections 54 to 58 (both inclusive); 167 Vacation of office of Directors 168 Resignation of Director 173 Meetings of Board ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 177 Audit Committee 178 Nomination and Remuneration Committee and Stakeholders Relationship committee 14 Sections 61 and 62; 185 Loan to Directors, etc. 186 Loan and Investment by company 15 First proviso to clause (i) of section 80 and clause (ii) of section 80 ; 403 Fee for filing etc. 16 Section 83; 410 Constitution of appellate tribunal 17 Sections 86 to 89 (both inclusive). ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 435 Establishments of special courts 438 Application of code to proceedings before special court 439 Offences to be non-cognizable 440 Transitional Provisions Notification Link:- http://www.mca.gov.in/Ministry/pdf/CompaniesAmendmentNoti_07052018.pdf June 13, 2018: S.O. 2422(E). -In exercise of the Power conferred by sub-section (2) of section 1 of the Companies (Amendment) Act, 2017 (1 of 2018) , the Central Government hereby appoints the June 13, 2018 as the date on which the following provisions of the said Act shall come into force, na mely:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... # Section of Companies Amendment Act, 2017 Amended Sections of Companies Act, 2013 Particulars 1 22 90 Register of Significant beneficial Owners in a Company 2 24 93 Return to be filed with Registrar in case of promoter stake changes 3 25 94 Place of keeping and inspection of registers and returns etc. 4 26 96 Annual General Meeting 5 71 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 216 Investigation of ownership of Company Notification Link:- http://www.mca.gov.in/Ministry/pdf/CommNotificatio1306_14062018.pdf June 21, 2018: S.O. 3020(E) .- This is a Corrigendum to notification S.O. 2422(E) dated June 13, 2018 of commencement of certain provisions of Companies Amendment Act, 2017. In this notification dated June 21, 2018 Section 89(10) of the of the Companies Act, 2013 ,related to beneficial interest has been notified w.e.f June 13, 2018. Notification Link:- http://www.mca.gov.in/Ministry/pdf/Notification2106_22062018.pdf July 05, 2018: In exercise of the Power conferred by Sub-Section (2) of Section 1 of the Companies (Amendment) A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, 2017 (1 of 2018), the Central Government hereby appoints the July 05, 2018 as the date on which the following provisions of the said Act shall come into force, na mely:- # Section of Companies Amendment Act, 2017 Amended Sections of Companies Act, 2013 Particulars 1 Section 20 Section 82 Company to report satisfaction of charge Notification Link:- http://www.mca.gov.in/Ministry/pdf/CommencementNotification05_06072018.pdf July 05, 2018 : In exercise of the Power conferred by Sub-Section (2) of Section 1 of the Companies (Amendment) Act, 2017 (1 of 2018) , the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Central Government hereby appoints the August 15, 2018 as the date on which the following provisions of the said Act shall come into force, na mely:- # Section of Companies Amendment Act, 2017 Amended Sections of Companies Act, 2013 Particulars 1 Section 15; Section 73 Prohibition on acceptance of deposits from public 2 Section 16 Section 74 Repayment of deposits etc. Accepted before the commencement of this Act 3 Section 75 Section 366 Companies capable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of being registered 4 Section 76 Section 374 Obligations of companies registering under this part Notification Link:- http://www.mca.gov.in/Ministry/pdf/CommencementNotification0507_06072018.pdf CRUX:- Total notified sections under Companies Act, 2017:- # Section of Companies Amendment Act, 2017 Amended Sections of Companies Act, 2013 Particulars Effective Date 1 Clause (i) and clause (xiii) of section 2 2(6) Definitions May 07, 2018 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 8 Section 26 Matters to be stated in prospectus May 07, 2018 3 Section 13 Section 54 Issue of sweat equity shares May 07, 2018 4 Sections 18 and 19 Section 77 78 Duty to Register of charges, etc. and Application for Registration of charge May 07, 2018 5 Clauses (i) and (ii) of section 21 Section 89 Declaration in respect of Beneficial Interest in any share May 07, 2018 6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Clauses (iii) and (iv) of section 23 Section 92 Annual return May 07, 2018 7 Sections 30 and 31 Section 117 Resolutions and Agreements to be filed May 07, 2018 121 Report on Annual General meeting May 07, 2018 8 Section 33 129 Financial Statement May 07, 2018 9 Sections 39 and 40; 137 Copy of financial statement to be filed with registrar May 07, 2018 139 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appointment of Auditors May 07, 2018 10 Section 46; 149 Company to have Board of Directors May 07, 2018 11 Section 49; 157 Company to inform DIN to registrar May 07, 2018 12 Section 52 ; 164 Disqualification for appointment of Directors May 07, 2018 13 Sections 54 to 58 (both inclusive); 167 Vacation of office of Directors May 07, 2018 168 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Resignation of Director May 07, 2018 173 Meetings of Board May 07, 2018 177 Audit Committee May 07, 2018 178 Nomination and Remuneration Committee and Stakeholders Relationship committee May 07, 2018 14 Sections 61 and 62; 185 Loan to Directors, etc. May 07, 2018 186 Loan and Investment by company May 07, 2018 15 First Proviso to clause (i) of section 80 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 403 Fee for filing etc. May 07, 2018 16 Section 83; 410 Constitution of appellate tribunal May 07, 2018 17 Sections 86 to 89 (both inclusive). 435 Establishments of special courts May 07, 2018 438 Application of code to proceedings before special court May 07, 2018 439 Offences to be non-cognizable May 07, 2018 440 Transitional Provisions May 07, 2018 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 18 22 Section 90 Register of Significant beneficial Owners in a Company June 13, 2018 19 24 Section 93 Return to be filed with Registrar in case of promoter stake changes June 13, 2018 20 25 Section 94 Place of keeping and inspection of registers and returns etc. June 13, 2018 21 26 Section 96 Annual General Meeting June 13, 2018 22 71 Section 216 Inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estigation of ownership of Company June 13, 2018 23 Clauses (iii) of section 21 Section 89(10) Declaration in respect of Beneficial Interest in any share June 13, 2018 24 Section 20 Section 82 Company to report satisfaction of charge July 05, 2018 25 Section 15 Section 73 Prohibition on acceptance of deposits from public August 15, 2018 26 Section 16 Section 74 Repayment of deposits etc. Accepted be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore the commencement of this Act August 15, 2018 27 Section 75 Section 366 Companies capable of being registered August 15, 2018 28 Section 76 Section 374 Obligations of companies registering under this part August 15, 2018 Hope the information will assist you in your Professional endeavours. 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