Notification
1. Special Courts
MCA Notification – May 18, 2016
Designates certain courts as special courts for trying certain offences under the Companies Act 2013.
Applicability:
To all companies
Crux of the
Notification:
As per
this notification MCA has designated certain courts as Special Courts for the
purpose of carrying on any trial of offences that are punishable under the
Companies Act 2013 with imprisonment of 2 yrs or more in terms of section 435
of the Companies Act 2013.
Source:
(2) Enforcement
of section 2(29)(iv), 435 to 438 and 440 of the Companies Act 2013
MCA Notification – May 18, 2016
Enforcement
of section 2(29)(iv), 435 to 438 and 440 of the Companies Act 2013that are
related to Special Court
Applicability:
To all companies w.e.f May 18, 2016
Crux of the
Notification:
As per this notification the following sections shall come into force
with effect from May 18, 2016.
Sec 2 (29)(iv) - the Special Court established under section
435;
Sec 435 –
Establishment of Special Courts.
Sec 436 - Offences triable by Special
Courts
Sec 437 - Appeal and revision
Sec 438 - Application of Code to
proceedings before Special Court.
Sec 440 - Transitional provisions
Source:
MCA Circular
(3.)
Clarification with regard to provisions of Corporate Social Responsibility
under section 135 of the Companies Act 2013
MCA Circular:
Circular No. 5/2016 dated May 16, 2016
Applicability:
To all the companies
Crux of the Circular:
The Ministry
in continuation to the circular no. 1 of 2016 dated January 12, 2016 has issued
this circular to emphasize and to explicitly specify that while carrying on any
CSR activity care has to be taken to ensure that the prevailing laws of the
land including Cigarettes and Other Tobacco Products Act (COTPA) 2003 is not
contravened.
Source
(4.) Relaxation
of additional fees and extension of last date of filing of various e-forms by
the Companies under Companies Act 2013 and for filing of Annual Return (Form
11) by the LLPs under the Limited Liability Partnership Act, 2008
MCA Circular:
Circular No. 7/2016 dated May 31, 2016
Applicability:
To all the companies
Crux of the Circular:
a.
In continuation to the earlier circulars issued by the
ministry for relaxation of the additional fee (circular no, 3/ 2016 dated Apr
12, 2016 and Circular no. 6/2016 dated May 16, 2016) the Ministry has decided
to further extend the waiver of the additional fee payable on e-forms that were
due for filing by companies between March 25, 2016 to June 30, 2016upto July
10, 2016.
b.
With respect to the requests received from the
stakeholder, it has been decided by the Ministry to extend the time line for
filing form 11 of LLP for the financial year ending March 31, 2016 upto June
30, 2016 without any additional fee
Source
(5.)
Relaxation of additional fees and extension of last date of filing of various
e-forms under the Companies Act – reg
MCA Circular:
Circular No. 6/2016 dated May 16, 2016
Applicability:
To all the companies
Crux of the Circular:
As the
shareholders are still facing many issues due to the launch of the system V2R2,
the Ministry has decided to further extend the waiver of the additional fee
payable on e-forms that were due for filing by companies between March 25, 2016
to May 31, 2016 upto June 10, 2016.
Source
MCA Rules
(6.)
Companies
(Authorised to Register) Amendment Rules, 2016
MCA Rule dated May 31, 2016
The Ministry has amended the Companies (Authorised to Register) Rules 2014 on May 31, 2016
Applicability:
To all the companies
Crux of the Circular:
The major
amendment made by the Ministry to the Companies (Authorised to Register) Rules
2014 are as follows:
- Insertion
of the definition for FIRM.
Firm means a
firm as defined in section 4 of the Indian Partnership Act, 1932
- Amendment
to the rules respectively to insert the word “firm” where ever appropriate.
- The
revised form URC 1 has been notified.
Source
(7.)
Companies
(Corporate Social Responsibility Policy) Amendment Rules, 2016
MCA Rule dated May 23, 2016
The Ministry has amended Rule 4(2) of the Companies (Corporate Social Responsibility Policy) Rules 2014 by notifying a rule on May 23, 2016
Applicability:
To all the companies
Crux of the Circular:
The major
amendment made by the Ministry to Rule 4(2) of the Companies (Corporate Social
Responsibility Policy) Rules 2014 is as follows:
|
As
per Companies (CSR) Rules 2014
|
As
per Companies (CSR) Amendment Rules 2016
|
|
The
company can now undertake the CSR activities approved by the board through:
A company
established under section 8 of the Act or a registered trust or a registered
society, established by the company or
holding or subsidiary or associate company
|
The
company can now undertake the CSR activities approved by the board through:
A company
established under section 8 of the Act or a registered trust or a registered
society, established by the company,
either singly or along with any other company.
(therefore bringing more flexibility)
|
Source
(8.)
Companies
(Registration Offices and Fees) Amendment Rules, 2016
MCA Rule dated May 6, 2016
Substitution of Forms GNL 1 and GNL 4
Applicability:
To all the companies
Crux of the Circular:
The Ministry has notified the revised form GNL 1 and GNL 4 on May 6,
2016
Form GNL – 1 - Form for filing an application with
Registrar of Companies
Form GNL – 4 - Form for
filing addendum for rectification of defects or incompleteness
Source
(9.) Others MCA information
-
The following
forms have been updated during the previous month:
o
Forms FC-4,
CHG-4, GNL-1 and MGT-7
o
LLP Form 11
Note: in LLP Form 11 the field ‘Obligation of contribution’ may be required
to be filled manually if this field for individual(s) or body corporate as
partners is not pre-filled.
Source:
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