Attorneys at Law Since 1964

Issue 25 – Insights 2

Issue 25 – Insights 2

Insights – Change is Constant

Introduction

The Companies Act, 2013 which came into effect on April 1, 2014 replaced the earlier Companies Act, 1956. On 27th July, 2017, the Lok Sabha passed the Companies Act (Amendment) Bill, 2016 with a view to replace the Companies Act, 2013. This has been proposed in order to remove several compliance and reporting challenges being faced by public and private companies alike. The Bill that was passed by the Lok Sabha now has to go to the Rajya Sabha for its approval.

What’s new now?

The Companies (Amendment) Bill, 2017 proposes to promote further ease of doing business by simplifying procedural and reporting requirements and aligning to the general accounting standards. To this end, the following broad amendments in sections of the Companies Act, 2013 have been proposed.

Significant changes to the definitions have been proposed with a view to remove ambiguity in their interpretation. Some of the key definitions are given below.

Basic definitions

DefinitionWhat the CA, 2013 act saysWhat the amendment rules, 2017 proposes
Associate companyControl of at least 20% total share capitalSignificant influence has been amended to include at least 20% of the voting power or control or participation in business decisions under an agreement
Holding companyCompany did not imply any body corporateCompany to include any body corporate
Public companyThe phrase and was not included in the definitionproposed to include the phrase and to ensure that both conditions have to be satisfied for a company to become a public company
Small companyPaid up capital: Rs. 50 lakhs - Rs. 5 Crores OR Turnover: Rs. 2 Crores - Rs. 20 Crores Paid up capital: Rs. 50 lakhs - Rs. 10 Crores OR Turnover: Rs. 2 Crores - Rs. 100 Crores
Subsidiary companyHolding company exercises or control more than one half of the total share capitalHolding company exercises or control more than one half of the total voting power either on its own or together with one or more of its subsidiary companies

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