AUBSP Description

CG notified the commencement date of Companies Act 2013

Ministry of corporate Affairs (MCA) has notified the following 98 sections for implementation of the provisions of the companies Act, 2013 on 12/09/2013.

Notified Sections of Companies Act, 2013
As we know that the Companies Act 2013 received the assent of the president on Thursday, 29 August, 2013 and was notified in the Gazette of India on the very next day i.e. Friday, 30 August, 2013.

In accordance with sub-section (3) of section 1 of Co Act, 2013, the remaining provisions of this Act shall come into force on such date as the Central Government (CG) 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.

Accordingly, the Central Government has now appoints Thursday, 12 September, 2013 as the date on which some notified sections the Companies Act, 2013 shall come into force. In other words, Ministry of corporate Affairs (MCA) has notified the following 98 sections for implementation of the provisions of the companies Act, 2013 on 12/09/2013:


Notified Sections of Companies Act, 2013 effective from 12/09/2013:


Section 2:
clause (1)
clause (3)
clause (4)
clause (5)
clause (6)
clause (8)
clause (9)
clause (10)
clause (11)
clause (12)
clause (14)
clause (15)
clause (16)
clause (17)
clause (18)
clause (19)
clause (20)
clause (21)
clause (22)
clause (24)
clause (25)
clause (26)
clause (27)
clause (28)
clause (30)
clause (32);
clause (33)
clause (34)
clause (35)
clause (36)
clause (37)
clause (38)
clause (39)
clause (40)
clause (43)
clause (44)
clause (45)
clause (46)
clause (49)
clause (50)
clause (51)
clause (52)
clause (53)
clause (54)
clause (55)
clause (56)
clause (57)
clause (58)
clause (59)
clause (60)
clause (61)
clause (63)
clause (64)
clause (65)
clause (66)
clause (68)
clause (69)
clause (70)
clause (71)
clause (72)
clause (73)
clause (74)
clause (75)
clause (76)
clause (77)
clause (78)
clause (79)
clause (80)
clause (81)
clause (82)
clause (84);
clause (86);
clause (88)
clause (89)
clause (90)
clause (91)
clause (92)
clause (93)
clause (94)
clause (95)
Section 19;
Section 21;
Section 22;
Section 24;
Section 29
Section 30;
Section 31;
Section 32;
Section 34;
Section 36
Section 37;
Section 38;
Section 44;
Section 45;
Section 49
Section 50;
Section 51;
Section 57;
Section 58;
Section 59;
Section 60;
Section 65;
Section 69;
Section 86;
Section 91;
Section 102;
Section 103;
Section 104;
Section 106;
Section 107;
Section 111;
Section 112;
Section 114;
Section 116;
Section 127;
Section 133;
Section 162;
Section 163;
Section  176;
Section 180
Section 181
Section 182
Section 183;
Section 185;
Section  192;
Section 194;
Section 195;
Section 202;
Section 379;
Section 382
Section 383;
Section 394;
Section 405;
Section 407
Section 408
Section 409
Section 410
Section 411
Section 412
Section 413
Section 414
Section 439
Section 443
Section 444
Section 445
Section 446
Section 447
Section 448
Section 449
Section 450
Section 451
Section 452
Section 453
Section 456
Section 457
Section 458
Section 459
Section 460
Section 461
Section 462
Section 463
Section 467
Section 468
Section 469
Section 470
Section 2 clause (29) [except sub-clause (iv)];
Section 2 clause (67) [except sub-clause (ix)];
Section 2 clause (87) [except the proviso and Explanation (d)];
Section 5 [except sub-section (3)];
Section 23 [except clause (b) of sub-section (1) and sub-section (2));
Section 33 [except sub-section (3)];
Section 35 [except clause (e) of sub-section (1)];
Section 39 [except sub-section (4)];
Section 40 [except sub-section (6)];
Section 70 [except sub-section (2)];
Section 100 [except sub-section (6)];
Section 105 [except the third and fourth proviso of sub-section (1) and sub-section (7)];
Section 113 [except clause (b) of sub-section (1)]
Section 161 [except sub-section (2)];
Section 386 [except clause (a)];

However, CG has further clarifies vide General Circular No.15/2013 dated 13/09/2013 that to mitigate the difficulties faced by the stakeholders in the implementation of certain provisions of the Companies Act, 2013 following 4 provisions of the respective sections will be considered by all Regional Directors and Registrar of Companies (ROC):

1) Private Company [Section 2(68)]:


Registrar of Companies may register those Memorandum and Articles of Association (AOA) received till Wednesday, 11 September, 2013 (11/9/2013) as per the definition clause of the private company, under the Companies Act 1956 without referring to the definition of private company under the Companies Act, 2013.

2) Statement to be annexed to Notice (Section 102):


All companies which have issued notices of general meeting on or after 12/09/2013, the statement to be annexed to the notice shall comply with additional requirements as prescribed in section 102 of the Companies Act, 2013.

3) Central Government to prescribe Accounting Standards (Section 133):


Till the Standards of Accounting or any addendum thereto are prescribed by Central Government in consultation and recommendation of the National Financial Reporting Authority (NFRA), the existing Accounting Standards (AS) notified under the Companies Ac, 1956 shall continue to apply.

4) Restrictions on powers of Board (Section 180):


In respect of requirements of special resolution under Section 180 of the Companies Act, 2013 as against ordinary resolution required by the Companies Act 1956, if notice for any such general meeting was issued prior to 12/09/2013, then such resolution may be passed in accordance with the requirement of the Companies Act 1956.

However, MCA vide circular 18/2013 dated 19/11/2013 clarified that Section 372A of the Companies Act, 1956 dealing with inter-corporate loans continue to remain in force till section 186 of the Companies Act, 2013 is notified.

To download the E-Book of Companies Act, 2013 effective from 12/09/2013 as notified by MCA, please click on the link given below.

Download E-Book

Get Short URL:goo.gl


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