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Companies Act 2013 Bare Act – Its Roles and Regulations

Companies Act 2013 Bare Act – Its Roles and Regulations

Companies Act 2013 Bare Act :The Companies Act, 2013 (“The Act”) is a historic legislation which has replaced existing Company Law which is 56 years old. It is a modern and contemporary law enacted after several rounds of deliberations with various stakeholders. It moves from the regime of control to that of liberalization/ self-regulation.The Act contains 470 sections under 29 chapters with seven schedules. The Act enables the Central Government (Ministry of Corporate Affairs) to make rules through subordinate legislation.

Companies Act 2013 Bare Act – Its Roles and Regulations

The following Act of Parliament received the assent of the President on the 29th August, 2013, and is here by published for general information about  2013 Act to consolidate and amend the law relating to companies and  it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows particular information.

This Act may be called the Companies Act, 2013 and it extends to the whole of India.  This section shall come into force at once and the remaining provisions of this Act shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

The Companies Act, 2013 introduces some new concepts such as:

(1) One Person Company (OPC)

(2) Small Company

(3) Dormant Company

(4) Inactive Company

Some changes have been made in the definition of ‘private company’ and ‘subsidiary company’. Some new expressions (important) have been defined and the meaning of certain expressions enlarged / modified, namely:

(a) associate company,

(b) control,

(c) court to include special courts established under the Act,

(d) employee stock option,

(e) financial statements,

(f) financial year,

(g) free reserves,

(h) independent director,

(i) key managerial personnel,

(j) promoter,

(k) related party,

(l) serious fraud investigation office.

Importance Modules are signification of Companies Act 2013 Bare Act  :

  • Incorporation of Company and Matters Incidental thereto
  • Prospectus and Allotment of Securities
  • Share Capital and Debentures
  • Acceptance of Deposits by Companies
  • Registration of Charges
  • Management and Administration
  • Declaration and Payment of Dividend
  • Accounts of Companies
  • Audit and Auditors
  • Appointment and Qualifications of Director
  • Meetings of Board and its Powers
  • Appointment and Remuneration of Managerial Personnel
  • Inspection, Inquiry and Investigation
  • Compromises, Arrangements and Amalgamation
  • Prevention of Oppression and Mismanagement
  • Registered Valuers
  • Removal of Names of Companies from the Registrar of Companies
  • Revival and Rehabilitation of Sick Companies
  • Special Courts
  • Miscellaneous

Companies Act 2013 Bare Act – Its Roles and Regulations

G.S.R — In exercise of the powers conferred under sub-section (1) of section 88, subsection (4) of section 88, sub-section (1) of section 89, sub-section (2) section 89, subsection (6) of section 89, sub-section (1) of section 91, sub-section (2) of section 92, sub-section (3) of section 92, sub-section (2) of section 92, section 93, sub-section (1) of section 94, sub-section (4) of section 100, sub-section (2) of section 114, sections 102, 101, 105, 108, sub-section (5) of section 109, sections 112, 113, 110, sub-section (3) of section 186, section 115, sub-section (1) of section 117, sub-section (1) of section 118, sub-section (2) of section 119, section 120 and sub-section (1) of section 121, read with sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013) and in super session of Companies (Central Government’s) General Rules and Forms, 1956 or any other relevant rules prescribed under the Companies Act, 1956 (1 of 1956) on matters covered under these rules, except as respects things done or omitted to be done before such super session, the Central Government hereby makes the following rules, namely: -\

Roles and Regulation of Companies act 2013 bare cat;

  • . Short title and commencement,
  • rules, unless the context otherwise requires.( ‘Act’’ means the Companies Act, 2013 (18 of 2013), ‘‘Annexure’’ means the Annexure to these Rules, ‘‘Fees’’ means the fees as specified in the Companies (Registration offices and fees) Rules, 2014, ‘‘Form’’ or an e-form means an form set forth in Annexure to these rules which shall be used for the matter to which it relates, ‘‘Regional Director’’ means the person appointed by the Central Government in the Ministry of Corporate Affairs as a Regional Director, ‘‘section’’ means section of the AcT.)
  • Register of members  and Register of debenture holders or any other security holders.
  • Maintenance of the Register of members etc. under section 88 and Index of names to be included in Register.
  • Foreign register of members, debenture holders, other security holders or beneficial owners residing outside India and Authentication.
  • Declaration in respect of beneficial interest in any shares and Closure of register of members or debenture holders or other security holders.
  • Return of changes in shareholding position of promoters and top ten shareholders and Inspection of registers, returns etc.
  • Preservation of register of members etc. and annual return and Copies of the registers and annual return.
  • Calling of Extraordinary general meeting by revolutionists and Notice of the meeting.
  • Manner in which the Chairman of meeting shall get the poll process scrutinised and report thereon, Procedure to be followed for conducting business through postal ballot, Special Notice and Resolutions and agreements to be filed.
  • Minutes of proceedings of general meeting, meeting of Board of Directors and other meetings and resolutions passed by postal ballot, Copy of minute book of general meeting, Maintenance and inspection of document in electronic form.
  • Security of records maintained in electronic form, Inspection, copies of records maintained in electronic form,Penalty  AND Report on Annual General Meeting.

Companies Act 2013 Bare Act – Its Roles and Regulations

The Ministry of Corporate Affairs has notified Section 135 and Schedule VII of the Companies Act 2013 as well as the provisions of the Companies (Corporate Social Responsibility Policy) Rules, 2014 to come into effect from April 1, 2014.

India`s new Companies Act 2013 (Companies Act) has introduced several new provisions which change the face of Indian corporate business” Companies Act 2013 (Companies Act) has introduced several new provisions which change the face of Indian corporate business. One of such new provisions is Corporate Social Responsibility (CSR). The concept of CSR rests on the ideology of give and take. Companies take resources in the form of raw materials, human resources etc from the society. By performing the task of CSR activities, the companies are giving something back to the society.

Companies Act, 1956 they needn’t be recomputed under the 2013 Act. Profits from any overseas branch of the company, including those branches that are operated as a separate company would not be included in the computation of net profits of a company. Besides, dividends received from other companies in India which need to comply with the CSR obligations would not be included in the computation of net profits of a company. Companies act 2013 bare act all deep informatiuon and all chapter wise syllabus notes are following this link downloads and study well student.

Important read : Companies Act 2013 Bare Act Importance syllabus and notes 1 .

Analysis of Sec 185 of the companies act 2013 : Downloads 

Section 135 of Companies Act 2013 CSR : Downloads 

Schedule III Of Companies Act 2013 : Downloads 

Schedule II Of Companies Act 2013 : Downloads 

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