Companies Act, 2013

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Companies Act, 2013


New Definition of Small Company – Section 2 (85)

New Definition of Small Company: The Ministry of Corporate Affairs (MCA) has issued notification regarding the Companies (Specification of Definition details) Amendment Rules 2022. Rule 2(1)(t) as inserted by the Companies (Specification of Definition details) Amendment Rules 2022: Particulars Old New Paid up Share Capital; and 2 Crore 4 Crore Turnover 20 Crore […]

LLP Annual Return (Form 11) Due Date Extended till 30th June 2022

LLP Annual Return (Form 11) Due Date Extended The Ministry of Corporate Affairs (MCA) has extended the due date for filing of LLP Annual Form 11 till the 30th June 2022 vide general circular no. 04/2022 dated 27th May 2022. Find below the official announcement of MCA: F.NO. Policy 01/2/2021-CL-V-MCA-(Part-1)Government of IndiaMinistry of […]

Audit Trail Applicability Deferred to 1.04.2023 & CSR-2 to 31.05.2022

Audit Trail Applicability Deferred to 1.04.2023 Ministry of Corporate Affairs has deferred the applicability of Audit Trail via notification dated 31st March, 2022. Earlier the due date for applicability was 1st April, 2022, now same is deferred to 1.04.2023. See the detailed notification issued by MCA: MINISTRY OF CORPORATE AFFAIRSNOTIFICATIONNew Delhi, the 31st […]

Vacancy for CA/CS/CMA in Ministry of Corporate Affairs (MCA)

Vacancy for CA/CS/CMA in MCA Invitation of application for appointment of Chartered Accountant/Company Secretaries/Cost Accountant having requisite qualifications and skills as Young Professionals in the Office of the Registrar of Companies, Guwahati. Explore More Opportunities: Find More Opportunities Pursuant to Ministry of Corporate Affairs OM dated 03.07.2019 it is proposed to engage 1 […]

MCA Revised Additional Fees for Delay in Filings

The Ministry of Corporate Affairs (MCA) revised the additional fees for delay in filing of forms. If the delay in filing is more than 90 days and up to 180 days then the Higher additional fees will be 15 times of normal filing fees. Maximum, In case the delay in filing is beyond […]

MCA-Relaxation on levy of additional fees in filing of Various e-forms

The Ministry of Corporate Affairs (MCA) has issued General Circular No. 22/2021 to provide relaxation on the levy of additional fees in the filing of various e-forms. This Relaxation on levy of additional fees in the filing of e-forms AOC-4, AOC-4 (CFS), AOC-4 XBRL, AOC-4 Non-XBRL and MGT-7/MGT-7A for the financial year ended […]

MCA Struck off 4 LLP’s Name from the Register

The Ministry of Corporate Affairs (MCA) has struck off 4 LLP’s name from the register and said Limited Liability Partnerships Stand dissolved. The removal was made pursuant to section 75 of the LLP Act, 2008 and rule 37(3) of the LLP Rules, 2009. What is section 75 of the LLP Act, 2008? Power […]

Extension of the last date of filing of Cost Audit Report to the Board of Directors

The Ministry of Corporate Affairs (MCA) has issued a circular regarding the Extension of the last date of filing of Cost Audit Report to the Board of Directors under Rule 6(5) of the Companies (Cost Records and Audit) Rules, 2014-reg  Read the full circular issued by MCA: General Circular No. 18 /2021 F.No. 0l / […]

MCA: Relaxation on levy of additional fees in the filing of e-forms (Read Circular)

The Ministry of Corporate Affairs (MCA) has issued a circular regarding relaxation on levy of additional fees in the filing of e-forms AOC-4, AOC-4 (CFS), AOC-4, AOC-4 XBRL AOC-4 Non-XBRL, and MGT-7/MGT-7A for the financial year ended on 31.03.2021 under the Companies Act, 2013. Read the full Circular issue by MCA: General Circular […]

MCA Extends the deadline for filing LLP form-8 upto 30.12.2021

The Ministry of Corporate Affairs (MCA) extended the deadlines for filing LLP Form 8 (the Statement of Account and Solvency) for the Financial Year 2020-2021 without paying additional fees upto 30th December, 2021. Read the full Circular Issued by MCA General Circular No.16/2021 e-File No: Policy-01/2/2021-CL-V-MCAGovernment of IndiaMinistry of Corporate Affairs 5th Floor, […]

ICSI Requests for Extension of Time Limit for LLP Audit and LLP Filing

The Institute of Company Secretaries of India (ICSI) requests for an extension of the time limit for preparing the Statement of Account and Solvency and for getting the accounts audited in LLPs and subsequent filing thereof. MCA: 2021 Shri Rajesh Verma, IASSecretary Ministry of Corporate AffairsGovernment of IndiaShastri BhawanDr. Rajendra Prasad RoadNew Delhi […]

ICSI Request for extension of time limit for filing of DIR-3 KYC-reg.

MCA 2021 September 28, 2021 Shri Rajesh Verma, IASSecretaryMinistry of Corporate AffairsGovernment of IndiaShastri BhawanDr. Rajendra Prasad RoadNew Delhi -110001 Subject: Request for extension of time limit for filing of DIR-3 KYC-reg. Respected Sir We would like to draw your kind attention to the provisions of Rule 12A of the Companies (Appointment and […]

MCA Extends the last date of filing of Cost Audit Report to the BOD

MCA Extends the last date of filing of Cost Audit Report to the BOD up to 31st October 2021 The Ministry of Corporate Affairs (MCA) has extended the last date of filing the Cost Audit Report to the Board of Directors via General Circular No. 15/2021 dated September 27, 2021 up to 31st […]

Key features of SPICe+ for Greater Ease of Doing Business

As part of the Government of India’s Ease of Doing Business (EODB) initiatives, the Ministry of Corporate Affairs has deployed a new Web Form christened ‘SPICe+’ (pronounced ‘SPICe Plus’) replacing the earlier SPICe form. SPICe+ offers 11 services by 3 Central Govt Ministries & Departments (Ministry of Corporate Affairs, Ministry of Labour & […]

MCA : FAQs on the E-Consultation

MCA FAQs on E-Consultation 1. What is E-consultation module? E-consultation is an online platform, wherein public suggestions can be invited from various stakeholders in the form of comments and suggestions on the proposed amendments and/or draft legislations. 2. Who all are eligible to provide comments/suggestions? Anyone can provide comments/suggestions either through guest access […]

FAQs on New MCA Website

FAQs on New MCA Website 1.Has the new MCA website been launched? Has there been any change in the existingservices? The Ministry of Corporate Affairs is in the process of implementing the third version of its flagship project MCA21 (MCA 21 V3). The project will be developed and implemented in phase-wise manner over […]

MCA – List of forms providing waiver of the additional fee

List of forms providing waiver of additional fee as per Circular no. 06/2021 and 07/2021 S.No Form Id Form description 1 Form CHG-1 Application for registration of creation, modification of charge (otherthan those related to debentures) 2 Form CHG-9 Application for registration of creation or modification of charge fordebentures or rectification of particulars […]

MCA – Clarification on offsetting the excess CSR spent for FY 2019-20

MCA – Clarification on offsetting the excess CSR spent for FY 2019-20 E-file no. CSR-01/4/2021-CSR-MCAGovernment of IndiaMinistry of Corporate Affairs 5th Floor, ‘A’ Wing, Shastri Bhawan,Dr. R. P. Marg, New Delhi-110001Dated: 20th May 2021 Circular To,All concerned stakeholders. Subject: Clarification on offsetting the excess CSR spent for FY 2019-20 – reg. Madam/ Sir, […]

Spending of CSR Funds for “Setting up Makeshift Hospitals & Temporary COVID Care Facilities” is an eligible CSR Activity

Spending of CSR Funds for ‘Setting up Makeshift Hospitals & Temporary COVID Care Facilities’ is an eligible CSR Activity General Circular No. 05/2021 E-file no. CSR-10/9/2020-CSR-MCAGovernment of IndiaMinistry of Corporate Affairs 5t Floor, ‘A’ Wing, Shastri Bhawan,Dr. R. P. Marg, New Delhi – 110 001Date: 22nd April 2021 To, All Stakeholders. Subject: – […]

The Companies Act, 2013 is an Act to consolidate and amend the law relating to companies. The legislation was necessitated to meet changes in the national and international economic environment and for expansion and growth of economy of our country.

This act received the assent of the Hon’ble President of India on 29th August 2013 and was notified in the Official Gazette on 30th August 2013 for public information stating that different dates may be appointed for enforcement of different provisions of the Companies Act, 2013, through notifications.

Section 1 came into force on 30th August 2013; 98 sections came into force on 12th September 2013; 143 sections were enforced from 1st April 2014 and so on.

The Companies Act, 2013 is rule based legislation with 470 sections and seven schedules. The entire Act has been divided into 29 chapters. Each chapter has at least one set of Rules. The Companies Act, 2013 aims to improve corporate governance, simplify regulations and strengthen the interests of investors. Thus, this enactment makes our corporate regulations more contemporary.

Section 2 of the Act is a definition section. It provides various terminologies used in the Act. Definitional Sections or Clauses, are known as ‘internal aids to construction’ and can be of immense help in interpreting or construing the enactment or any of its parts.

Also, according to clause 95 of section 2, words and expressions used and not defined in this Act but defined in the Securities Contracts (Regulation) Act, 1956 or the Securities and Exchange Board of India Act, 1992 or the Depositories Act, 1996 shall have the meanings respectively assigned to them in those Acts.

When a word or phrase is defined as having a particular meaning in the enactment, it is that meaning alone which must be given to it while interpreting a Section of the Act unless there be anything repugnant in the context.

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