Company Law & Practice

Law Library

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Recommendations 

Report of The Companies Law Committee February 2016[Ministry of Corporate Affairs Government of India]

Report of the High Power Committee on Corporate Social Responsibility2015[Ministry of Corporate Affairs Government of India

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Dispute Management

National Company Law TribunalNEW

The Central Government has constituted National Company Law Tribunal (NCLT) under section 408 of the Companies Act, 2013 (18 of 2013) w.e.f. 01st June 2016 The National Company Law Tribunal has been constituted w.e.f. 1st June,2016 and by virtue of Section 466(1) of Companies Act,2013, the Company Law Board stands dissolved.

National Company Law Appellate TribunalNEW

The Central Government has constituted National Company Law Tribunal (NCLT) under section 408 of the Companies Act, 2013 (18 of 2013) w.e.f. 01st June 2016.

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Acts, Rules, and Notifications

The Companies Act, 2013[pdf]

Companies (Amendment) Act, 2015

Companies (Amendment) Act, 2017[The Bill As passed by the Lok Sabha on 27th July, 2017]

Section 435- Establishment of Special Courts
• It is proposed to authorize Central Government to establish Special Courts for the purpose of speedy trials of offences under the Act. Currently Special Court can be established for trying offences punishable with imprisonment of two years or more.
• The constitution of Special Court has been changed and will depend upon the nature of offence

436. Offences triable by Special CourtsBULLET 2

1. Notwithstanding anything contained in the Code of Criminal Procedure, 1973,—
a. all offences under this Act shall be triable only by the Special Court established for the area in which the registered office of the company in relation to which the offence is committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the High Court concerned;

b. where a person accused of, or suspected of the commission of, an offence under this Act is forwarded to a Magistrate under sub-section (2) or sub-section (2A) of section 167 of the Code of Criminal Procedure, 1973, such Magistrate may authorize the detention of such person in such custody as he thinks fit for a period not exceeding fifteen days in the whole where such Magistrate is a Judicial Magistrate and seven days in the whole where such Magistrate is an Executive Magistrate:

Provided that where such Magistrate considers that the detention of such person upon or before the expiry of the period of detention is unnecessary, he shall order such person to be forwarded to the Special Court having jurisdiction;

c. the Special Court may exercise, in relation to the person forwarded to it under clause (b), the same power which a Magistrate having jurisdiction to try a case may exercise under section 167 of the Code of Criminal Procedure, 1973 in relation to an accused person who has been forwarded to him under that section; and

d. a Special Court may, upon perusal of the police report of the facts constituting an offence under this Act or upon a complaint in that behalf, take cognizance of that offence without the accused being committed to it for trial.

2. When trying an offence under this Act, a Special Court may also try an offence other than an offence under this Act with which the accused may, under the Code of Criminal Procedure, 1973 be charged at the same trial.
3. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the Special Court may, if it thinks fit, try in a summary way any offence under this Act which is punishable with imprisonment for a term not exceeding three years:

Provided that in the case of any conviction in a summary trial, no sentence of imprisonment for a term exceeding one year shall be passed:

Provided further that when at the commencement of, or in the course of, a summary trial, it appears to the Special Court that the nature of the case is such that the sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the Special Court shall, after hearing the parties, record an order to that effect and thereafter recall any witnesses who may have been examined and proceed to hear or rehear the case in accordance with the procedure for the regular trial.

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The Companies Act, 2013


Chapter                                              Section Contains
Chapter I Preliminary                            BULLET 2 Sec 1 & 2
Chapter II Incorporation of Company and Matters Incidental theretoBULLET 2 Sec 3 to 22
Chapter III Part – I Prospectus and Allotment of SecuritiesBULLET 2 Sec 23 to 41
Chapter III Part II The Companies (Private Placement)BULLET 2 Sec 42
Chapter IV Share Capital and DebenturesBULLET 2 Sec 43 to 72
Chapter V Acceptance of Deposits by CompaniesBULLET 2 Sec 73 to 76A
Chapter VI Registration of ChargesBULLET 2 Sec 77 to 87
Chapter VII Management and AdministrationBULLET 2 Sec 88 to 122
Chapter VIII Declaration and Payment of DividendBULLET 2 Sec 123 to 127
Chapter IX Accounts of CompaniesBULLET 2 Sec 128 to 138
Chapter X Audit and AuditorsBULLET 2 Sec 139 to 148
Chapter XI Appointment and Qualifications of DirectorsBULLET 2 Sec 149 to 172
Chapter XII Meetings of Board and its PowersBULLET 2 Sec 173 to 195
Chapter XIII Appointment and Remuneration of Managerial PersonnelBULLET 2 Sec 196 to 205
Chapter XIV Inspection, Inquiry and InvestigationBULLET 2 Sec 206 to 229
Chapter XV Compromises, Arrangements and AmalgamationsBULLET 2 Sec 230 to 240
Chapter XVI Prevention of Oppression and MismanagementBULLET 2 Sec 241 to 246
Chapter XVII Registered ValuersBULLET 2 Sec 247
Chapter XVIII Removal of Names of Companies From the Register of CompaniesBULLET 2 Sec 248 to 252
Chapter XIX Revival and Rehabilitation of Sick CompaniesBULLET 2 Sec 253 to 269
Chapter XX Winding UpBULLET 2 Sec 270 to 365
Chapter XXI Part 1 – Companies Authorised to Register Under this ActBULLET 2 Sec 366 to 374
Chapter XXI Part 2 – Winding Up of Unregistered CompaniesBULLET 2 Sec 375 to 378
Chapter XXII Companies Incorporated Outside IndiaBULLET 2 Sec 379 to 393
Chapter XXIII Government CompaniesBULLET 2 Sec 394 & 395
Chapter XXIV Registration Offices and FeesBULLET 2 Sec 396 to 404
Chapter XXV Companies to Furnish Information or StatisticsBULLET 2 Sec 405
Chapter XXVI NidhisBULLET 2 Sec 406
Chapter XXVII National Company Law Tribunal and Appellate TribunalBULLET 2 Sec 407 to 434
Chapter XXVIII Special CourtsBULLET 2 Sec 435 to 446
Chapter XXIX MiscellaneousBULLET 2 Sec 447 to 470
SchedulesBULLET 2 Sche I – VII

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Companies Rules

The Companies (Specification of definitions details) Rules, 2014 Rule 1 to 4 31/03/2014
The Companies (Incorporation) Rules, 2014 Rule 1 to 39 01/04/2014
Part I The Companies (Prospectus and Allotment of Securities) Rules, 2014 Rule 1 to 14 01/04/2014
The Companies (Issue of Global Depository Receipts) Rules, 2014 Rule 1 to 9 31/03/2014
The Companies (Share Capital and Debentures) Rules, 2014 Rule 1 to 19 03/04/2014
The Companies (Acceptance of Deposits) Rules, 2014 Rule 1 to 21 02/04/2014
The Companies (Registration of Charges) Rules, 2014 Rule 1 to 12 01/04/2014
The Companies (Management and Administration) Rules, 2014 Rule 1 to 31 02/04/2014
The Companies (Declaration and Payment of Dividend) Rules, 2014 Rule 1 to 3 31/03/2014
The Investor Education and Protection Fund Authority (Appointment of Chairperson and Members, Holding Meetings and Provision for Offices and Officers) Rules 2016 Rule 1 to 14 13/01/2016
Investor Education and Protection Fund Authority (Accounting , Audit, Transfer and Refund) Rules, 2016 Rule 1 to 12 07/12/2016
The Companies (Accounts) Rules, 2014 Rule 1 to 13 01/04/2014
The Companies (Indian Accounting Standards) Rules, 2015 Rule 1 to 5 01/04/2014
The Companies (Corporate Social Responsibility Policy) Rules, 2014 Rule 1 to 9 01/04/2014
The Companies (Accounting Standards) Rules, 2006 Rule 1 to 5 Notification Awaited
The Companies (Audit and Auditors) Rules, 2014 Rule 1 to 14 01/04/2014
The Companies (Cost Records and Audit) Rules, 2014 Rule 1 to 7 30/06/2014
The Companies (Filing of Documents and Forms in XBRL) Rules, 2015 Rule 1 to 4 09/09/2015
The Companies (Appointment and Qualification of Directors) Rules, 2014 Rule 1 to 18 02/04/2014
The Companies (Meetings of Board and its Powers) Rules, 2014 Rule 1 to 17 31/03/2014
The Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014 Rule 1 to 10 01/04/2014
The Companies (Inspection, Investigation and Inquiry) Rules, 2014 Rule 1 to 6 01/04/2014
The Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 Rule 1 to 29 14/12/2016
Prevention of Oppression and Mismanagement – Notification Awaited
Registered Valuers – Notification Awaited
The Companies (Removal of Name of Companies from the Register of Companies) Rules, 2016 1 to 10 27/12/2016
Revival and Rehabilitation of Sick Companies Rule 1 to 11 Omitted
The Companies (Winding up) Rules, 2013 – Notification Awaited
The Companies (Authorised to Register) Rules, 2014 Rule 1 to 5 02/04/2014
The Companies (Registration of Foreign Companies) Rules, 2014 Rule 1 to 13 03/04/2014
The Companies (Registration Offices and Fees) Rules, 2014 Rule 1 to 15 04/04/2014
Nidhi Rules, 2014 Rule 1 to 24 02/04/2014
The National Company Law Tribunal Rules, 2016 Rule 1 to 165 22/07/2016
The National Company Law Appellate Tribunal Rules, 2016 Rule 1 to 104 22/07/2016
The National Company Law Tribunal (Procedure for reduction of share capital of Company) Rules, 2016 Rule 1 to 6 16/12/2016
The Companies (Transfer of Pending Proceedings) Rules, 2016 Rule 1 to 8 07/12/2016
Special Courts (Companies Mediation and Conciliation) Rules, 2016 Rule 1 to 30 09/09/2016
The Companies (Adjudication of Penalties) Rules, 2014 Rule 1 to 6 01/04/2014
The Companies (Miscellaneous) Rules, 2014


Notifications

Companies Meetings of Board and its Powers Second Amendment Rules 2017 Notification 13-07-2017
Exemptions to Private Company Corrigendum Notification 13-07-2017

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Serious Fraud Investigationhot-anim

BULLET 2SFIO

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