Companies Act, 2013 Applicability in
CS-June, 2015 Examinations
Institute of Company Secretaries of India (ICSI) has issued clarification about applicability of the Companies Act, 2013 for Company Secretaries June, 2015 Examination.
Showing posts with label Companies Act. Show all posts
Showing posts with label Companies Act. Show all posts
Companies Act, 2013 Applicability in CS-December, 2014 Examinations
Companies Act, 2013 Applicability in
CS-December, 2014 Examinations
Institute of Company Secretaries of India (ICSI) has issued clarification about applicability of the Companies Act, 2013 for Company Secretaries December, 2014 Examination.
The Institute, by issuing clarification on its website, clarified that Provisions of Companies Act, 2013 shall be applicable for December, 2014 Examinations. Also, it has been clarified that the questions papers shall carry the questions from Companies Act, 2013.
Further, the clarification specifies that Companies Act, 1956 shall not be applicable for the CS-December, 2014 examinations. The question papers shall not carry the questions from Companies Act, 1956.
Applicable For
The clarification is applicable for the following students appearing in the following Papers:-
Students of Foundation Programme
- Business Environment and Entrepreneurship (Paper-1)
- Company Law Paper (Module-1, Paper-1)
- Company Accounts and Auditing Practices (Module-2, Paper-5)
- Capital Markets and Securities Laws (Module 2, Paper 6)
- Advanced Company Law and Practice (Module 1, Paper 1)
- Secretarial Audit, Compliance Management and Due Diligence (Module 1, Paper 2)
- Corporate Restructuring, Valuation and Insolvency (Module 1, Paper 3)
- Ethics, Governance and Sustainability (Module 2,Paper 6)
- Drafting, Appearances and Pleadings (Module 3, Paper 8)
- Capital, Commodity and Money Market (Module 3, Paper 9.2, Elective)
What is applicable..??
According to the clarification, Following are applicable in the examinations:-
- Provisions of the Companies Act, 2013
- Rules made under Companies Act, 2013
- Regulations made under Companies Act, 2013
- Notifications issued by MCA
Companies Act, 2013 Click here....
Study Material
Institute of Company Secretaries of India had provided the Study Material based on New Companies Act, 2013 on its official website website [www.icsi.edu] for the students gong to appear in Company Secretaries December, 2014 Examinations.
You can download the material by clicking the following links.....
Reading Material on Companies Act, 2013
[Issued by ICSI]
- Preliminary
- 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 Directors
- Meetings of Board and its Powers
- Appointment and Remuneration of Management Personnel
- Inspection, Inquiry and Investigation
- Compromises, Arrangements and Amalgamations
To view the official clarification issued by ICSI, click the following link...
Companies Act, 2013 Click here....
Companies Act, 2013 Applicability in CS-June, 2014 Examinations
Companies Act, 2013 Applicability in
CS-June, 2014 Examinations
Institute of Company Secretaries of India (ICSI) has issued clarification about applicability of the Companies Act, 2013 for Company Secretaries June, 2014 Examination.
The clarification is applicable for the following students:-
- Students of Foundation Programme (For appearing in the "Business Environment and Entrepreneurship" Paper)
- Students of Executive Programme (For appearing in the "Company Law" Paper)
- Students of Professional Programme (For appearing in the "Company Secretarial Practice" Paper or "Advanced Company Law and Practice" Paper)
According to the clarification, Following Amendments are applicable:-
- Highlights of the Companies Act, 2013 as passed by the Parliament on 8th August, 2013 will be applicable under the topics Historical Development of Concept of Corporate Law in India/Contemporary Developments.
- All Circulars, Clarifications/Notifications issued by the Ministry of Corporate Affairs effective six months prior to the date of examination.
To view the official clarification issued by ICSI, click the following link...
Companies Act, 2013 Click here....
Companies Act 2013 - 98 Sections has been Applicable
Companies Act 2013 in Action - 98 Sections comes into force from September 12, 2013
The Ministry of Corporate Affairs (MCA) has notified 98 key sections of the Companies Act 2013 which shall come into effect from today.
The copy of Press release issued by PIB along with the copy of Notification dated September 12, 2013 issued by MCA giving details of provisions brought into effect is attached for your reference.
The sections so notified will come into effect from the date of notification i.e today (September 12, 2013). These are independent sections, which do not require the publication of rules. Currently, ministry is going through the process of receiving suggestions on draft rules. The Companies Act 2013 will have 470 sections. Other sections will come into effect after the rule making process is completed.
The Companies Bill, 2013 was cleared by the Rajya Sabha during the monsoon session and has since received Presidential nod.
This notification includes several provisions relating to several concepts which are being introduced for the first time. The sections notified in the first tranche includes one that deals with Private placement and public issue. The Companies Act,1956 did not define the concept of private placement leading to a major legal battle between market regulator Securities and Exchange Board of India( Sebi) and Sahara India Parivar.
Another controversial section that made its debut is the one relating to insider trading. This provision is likely to create some friction between the MCA and Sebi, which has so far been regulating insider trading in the stock market under its own regulations.
Further also include provisions relating to maximum number of persons in a private limited company, which is being increased from 50 to 200 and other sections relating to penal provisions for fraud in the company.
The provisions relating to fraud found their way into the new companies Act following the lacuna found while dealing with Rs 8,200 crore Satyam Computer scam in 2009. The provisions containing the definition of “Associate Companies” also come into effect in the first tranche.
Click here to see the official Notification issued by Ministry of Corporate Affairs..
Companies Act, 2013 Click here....
Companies Rules, 2013 (Draft)
Draft on New Company Rules, 2013
We are pleased to inform the Rules on Brand New Companies Act, 2013 has been made public by Ministry of Corporate Affairs of India (MCA) for the comments on them. These Rules may be called "Companies Rules, 2013" after being published officially by Central Government.
The Ministry of Corporate Affairs (MCA) has issued drafted Rules on New Companies Act, 2013 and has asked the feedback on them from general Public. For this Ministry has provided a link on its portal "Feedback on draft Rules under the Companies Act, 2013", by clicking which, a new page will be opened and after log in on such page, a person can give his feed back on the draft of Companies Rules, 2013.
The Ministry of Corporate Affairs (MCA) has provided a e-platform with the following various features:-
- The e-platform facilitates in receiving suggestions on draft rules under the Companies Act, 2013.
- The e-platform is user friendly and interactive.
- The e-platform will facilitate collation and analysis of suggestions/comments received.
For Visiting the Feedback Page and downloading Rules, Click here..
Companies Act, 2013 Click here....
Disclaimer: This Features/Concepts/data provided here in this site if to facilitate the visitors. The Site owners does not own the responsibility for any error or omission. The users and readers are advised to cross check with the MCA Official Website before acting upon this data.
Companies Act, 2013 Published in Official Gazette of India
Companies Act, 2013 Published in Official Gazette of India
The Companies Act, 2013 [previously The Companies Bill, 2012] has been published in Official Gazette of India on 30th August, 2013. However, the date of its applicability has not been decided by the Government of India till date.
The Act in Lok-Sabha
Earlier, The draft law was first introduced in 2008 and then The Companies Bill, 2012 was presented in Lok-Sabha [the Lower House of the Parliament of India] and got passed on 18th December, 2012. Its passage was ensured after the government accepted most of the recommendations made by a standing committee of Parliament led by former finance minister and Bharatiya Janata Party leader Yashwant Sinha.
The Act in Rajya-Sabha
The Companies Bill 2012 was in agenda of Mansoon Session of the Parliamnet in Rajya Sabha [the Upper House of the Parliament of India] and got passed by Rajya Sabha on 8th August 2013. After being passed in Rajya-Sabha, The Bill needed the consent of the President of India "Shri Pranab Mukherjee"
Consent of the President
The Companies Bill 2012 received assent of the President of India "Shri Pranab Mukherjee" on 29th August, 2013 and now it has become Companies Act 2013. After consented to by President , the new legislation replaced the 57-year-old Companies Act, 1956.
Next Steps after Consent
The next steps would be to finalize the Rules and define the procedural aspects of this Act. The Ministry of Corporate Affairs is expected to put the draft rules for public comments soon, and notify the relevant portions of this Act, in a step by step manner, along with the rules applicable.
Applicability of the Act
The Act shall be applicable and shall come into force on such date as the Central Government notifies in the Official Gazette of India.
Here is the Link to Download the Companies Act, 2013 as published in the Official Gazette of India on 30th August, 2013. Click here to Download...
Companies Bill, 2012 Applicability in CA-May, 2014 Exams
Companies Act, 2013 Applicability in
CA-May, 2014 Examinations
Institute of Chartered Accountants of India (ICAI) has issued clarification about applicability of the Companies Act, 2013 for Chartered Accountants Examination.
The clarification is applicable for the following students:-
- Students appearing in the Intermediate (IPC) Stage
- Students appearing in the Final Stage
Clarification for CA-May, 2014 Examinations
The Companies Act, 2013 will not be applicable for the Intermediate (IPC) and Final Examinations to be held in May 2014.
Clarification for CA-November, 2014 Examinations
Regarding the applicability for November 2014 Examination, ICAI will take decision based on the exact date of enactment of the above Companies Bill, 2012 into the Companies Act, 2013.
To view the official clarification issued by ICAI, click the following link...
Companies Act, 2013 Click here....
Companies Bill, 2013 Applicability in CS-Dec.2013 Exams
Companies Bill, 2013 Applicability in
CS-December, 2013 Examinations
Institute of Company Secretaries of India (ICSI) has issued clarification about applicability of the Companies Bill, 2013 for Company Secretaries December, 2013 Examination.
The clarification is applicable for the following students:-
- Students of Executive Programme (For appearing in the "Company Law" Paper)
- Students of Professional Programme (For appearing in the "Company Secretarial Practice" Paper)
According to the clarification, Following Amendments are applicable:-
- Highlights of the Companies Bill, 2012 as passed by the Parliament on 8th August, 2013 will be applicable under the topics Historical Development of Concept of Corporate Law in India/Contemporary Developments.
- All Circulars, Clarifications/Notifications issued by the Ministry of Corporate Affairs effective six months prior to the date of examination.
To view the official clarification issued by ICSI, click the following link...
Various Downloads on Companies Bill, 2013
Various Downloads on The Companies Act, 2013
The Companies Bill, 2013 has finally been passed by Rajya Sabha "The Upper House of the Parliament of India" on 8th August, 2013 after a long waiting period of almost eight months from the date of its passing in Lok Sabha "The Lower House of the Parliament of India".
Earlier, The Companies Bill, 2012 has already been passed by Lok Sabha on 18th December, 2012. The Bill was introduced by the current Minister of Corporate Affairs "Mr. Sachin Pilot" and after the discussion, the Bill has finally been passed by the Parliament of India.
SOME SALIENT FEATURES OF THE COMPANIES Act, 2013
The Bill contains 470 clauses and 7 schedules.
The Bill is divided into 29 chapters.
Some new chapters have been introduced:-
- Registered Valuers (ch.17);
- Government companies (ch. 23);
- Companies to furnish information or statistics (ch. 25);
- National Company Law Tribunal & Appellate Tribunal (ch. 27);
- Special Courts (ch. 28)
- The Bill empowers Central Government to make rules, etc. through delegated legislation after having detailed consultative process (clause 470 and others).
Some new concepts have been introduced:-
- Concept of One Person Company (OPC limited) [Clause 2(62)]
- Appointment of Key Managerial Personnel [Clause 203(1)]
- Functions of Company Secretary (Clause 205)
- Participation at board meetings through video/audio visual.
- Secretarial Standards got statutory recognition [refer Clause 118(10) & 205]
- Secretarial Audit (Clause 204)
- Corporate Social Responsibility (Clause 135)
- Serious Fraud Investigation Office (SFIO) (Clause 211)
- The Definition of fraud is provided as under (Explanation to Clause 447)
Download The Companies Bill, 2012 as passed by Lok Sabha on 18th December, 2012 by clicking the following link....
(Bare Act) As published in Official Gazette of India
(MCA File)
Download Highlights of Companies Act, 2013
(Various Highlights)
Download Various Study Material on Companies Act, 2013
(Issued by ICSI)
Companies Act, 2013 Applicability in CS-December, 2014 Exams
(Clarification issued by ICSI)
(Various Highlights)
(Issued by ICSI)
Download Various Study Material on Companies Act, 2013
(Issued by ICSI)
(Clarification issued by ICSI)
(Clarification issued by ICAI)
(Clarification issued by ICMAI)
(PPT Presentation)
Disclaimer: This Features/Concepts/data provided here in this site has been prepared on the basis of Companies Bill, 2012 as passed in the Loksabha on 18th December, 2012. The Site owners does not own the responsibility for any error or omission. The users and readers are advised to cross check with the original bill before acting upon this data.
Companies Bill, 2012 Highlights
Companies Bill, 2012 Highlights
By various Institutes
The Companies Bill, 2012 was passed by the Rajya Sabha on August 8, 2013. The Bill had been earlier passed by the Lok Sabha on December 18, 2012. It will now be presented to the President of India for his assent and thereafter the Bill will be notified as a notified as "Companies Act, 2013", a statute, replacing the existing Companies Act, 1956.
The Companies Law plays a vital role in the career of the Professionals (i.e. CA, CS, CMA, Lawyers). To facilitate their Students and Professionals of these Courses, INSTITUTES (i.e. ICAI, ICSI, ICWAI) are providing the HIGHLIGHTS of this Brand New Companies Legislature "THE COMPANIES BILL, 2012".
Students and Professionals of these Institutes may Download the HIGHLIGHTS Of THE COMPANIES BILL, 2012 by clicking the following giving links...
Click & Download the Highlights
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 |
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Know more about New Companies Legislature and Download various Notes.
Companies Act, 2013 Click here....
Companies Act, 2013 Click here....
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