MCA's three-stage plan to execute remaining 40% of new Companies Law
Listen to this Article
The corporate affairs ministry is rolling out a three-stage plan for implementation of the remaining 40% provisions of the new Companies Act and it wants to notify most of the remaining sections by the end of this year to facilitate transition to new law.
In the next six months, the ministry plans to notify sections related to valuation, which includes registering certified valuers and striking off names of companies, government officials familiar with the matter told ET on condition of anonymity.
In the second phase, 37 sections dealing with provisions of Company Law Board will be notified by the end of this year. In the final phase, 136 sections related to National Company Law Tribunal, which is currently stuck because of legal hurdles, will be notified.
"We have implemented around 60% (283 sections) the total 470 sections of the new act. Most of the remaining sections will have to be implemented by the end of this year," a senior official said.
So far, the ministry has brought provisions related to raising of funds, governance of companies, accounts, audit and auditors, inspection and investigation of companies, incorporation and other miscellaneous provisions into force.
Sections relating to designating special judges for ompany related matters are expected to be notified before June. Under the Companies Act 2013, a concept of registered valuer has been introduced to provide for a proper mechanism for valuation of various assets and liabilities related to a company and to standardise procedure.
This will not only help in eliminating doubts relating to arbitrary valuation but also act as an assurance to the stakeholders and regulators regarding the authenticity of the valuation of the asset or liability under consideration. "The work of registering the valuers is under process and is being handled by the professional institutes of the ministry," the official said.
More exemptions under the new law are in the pipeline and are expected to be notified in the coming months. "Issues such as giving exemptions to companies listing privately placed non-convertible debentures (NCDs) and companies listed as per Sebi's SME (small and medium enterprises) framework is under the ministry's consideration. More clarification will emerge in a couple of months," the official added.
So far the ministry has issued 45 circulars, 15 amendments to rules and seven 'removal of difficulties' orders. The Companies Amendment Bill, 2014 has been passed by the Lok Sabha.(Economic Times)
Category : Corporate Law | Comments : 0 | Hits : 523
Ashneer Grover, former managing director of BharatPe, has moved the National Company Law Tribunal (NCLT), Delhi, alleging opression and mismanagement at the company. The case came up for hearing on December 6, wherein his lawyer sought additional time to address the tribunal on maintainability. The case will be heard next on January 11. According to the plea, reviewed by Moneycontrol, Grover has filed the plea against BharatPe holding company Resilient Innovations and 11 of its directors i...
Over 96,000 companies have wound up their operations in the past five years, according to the Ministry of Corporate Affairs. Businesses opt for winding up for various reasons, including financial unviability. From April 1, 2018 to March 31, 2023, as many as 96,261 companies exited voluntarily, invoking a section in the Companies Act, according to a report in the Mint. According to the data from the ministry, under the Insolvency and Bankruptcy Code (IBC), final resolution orders have be...
Three board members of Ed tech company Byju’s resigned on Thursday, June 22. According to reports, Peak XV Partners' GV Ravishankar, Prosus' Russell Dreisenstock and Chan Zuckerberg Initiative's Vivian Wu have stepped down from their responsibilities from the board. The company spokespersons have denied reports dismissing them as speculative. Meanwhile, The Ken has reported that Byju’s auditor’s Deloitte Haskins & Sells had also stepped down with immedi...
The Enforcement Directorate has accused Amway India Enterprises of running a multi-level marketing scam, while attaching its assets worth Rs 757 crore on Monday, including its factory in Tamil Nadu’s Dindigul district and bank balances of Rs 346 crore. The agency said its money trail against Amway revealed that the company had collected Rs 27,562 crore from its business operations from 2002-03 to 2021-22. Out of this, Amway paid a commission of Rs 7,588 crore to its distributors and m...
The Insolvency and Bankruptcy Board of India (IBBI) has issued a fresh set of rules to fast track voluntary liquidation by companies under the Insolvency and Bankruptcy Code (IBC). The amendments to the IBBI (voluntary liquidation process) regulations notified on Tuesday sharply cuts short the time allowed to complete various procedures, showed an official order. As per the new regulations, the timeline for preparation of list of stakeholders by liquidators has been shortened to 15 day...


Comments