List of recently implemented section

268, Business India Complex, Uday Park, New Delhi-110049
Call us : +91 9718483209 mail : kashifali@cskashif.com
http://newcompaniesact2013.blogspot.in/
Dear Friends,
Ministry of corporate affairs vide its notification dated 12th September 2013, brought into effect 98 sections of the Companies Act, 2013
w.e.f. 12th September 2013. To clear out the implementation of some of these sections Ministry again issued a circular No15/2013 on 13th
Sep. 2013.
For the benefits of our friends we have compiled the list of newly implemented sections of Companies Act, 2013 along with corresponding
sections of the Companies Act, 1956. Hope you will find it useful.
Sr. No.
Sections of Companies Act 2013,
applicable w.e.f. 12.09.2013
Corresponding sections of
Companies Act 1956
MCA clarification on applicability of
newly applicable sections.
Views /
comments
Sec. Provisions Sec. Provisions
1. 2
Definitions ( Some subsections are
applicable )
(List of sub sections will be made
available soon)
2(68). Registrar of Companies may
register those MOA received till
11.09.2013 as per the definition
clause of 'Pvt. Co.' under the
Companies Act, 1956 without
referring to the definition of "Pvt.
Co." under new Act
MCA is
putting the E-
form 1 into re-
submission
asking change
in MOA
(Format of new
Moa is
available on
my blog.)

2. 19
Subsidiary Company not to hold
shares in Holding Company
42 Membership of holding Company
3. 21
Authentication of documents,
proceedings and contracts
54
Authentication of documents and
proceedings
4. 22 Execution of bills of exchange, etc. 47 Bills of exchange and promissory note
5. 23
Public offer and private placement.
(Partly effective)
--- ---
6. 24
Power of Securities and Exchange
Board to regulate issue and transfer
of securities, etc.
55A
Power of Securities and Exchange
Board of India
7. 25
Document containing offer of
securities for sale to be deemed
prospectus (Partly effective)
64
Document containing offer of shares
or debentures for sale to be deemed
prospectus
8. 29
Public offer of securities to be in
dematerialized form.
68B
Initial offer of securities to be in
dematerialized form in certain cases.
9. 30 Advertisement of Prospectus 66
Newspaper advertisements of
prospectus
10. 31 Shelf Prospectus 60A Shelf prospectus4
11. 32 Red herring prospectus 60B Information memorandum
12. 33
Issue of Application form for
Securities (Partly effective)
56(3)
Matters to be stated and reports to be
set out in prospectus
13. 34
Criminal liability for misstatements
in prospectus
63
Criminal liability for misstatements in
prospectus
14. 35
Civil liability for misstatements in
prospectus (Partly effective)
62
Civil liability for misstatements in
prospectus
15. 36
Punishment for fraudulently
inducing persons to invest money.
68
Penalty for fraudulently inducing
persons to invest money
16. 37 Action by affected persons -- --

17. 38
Punishment for personation for
acquisition, etc., of securities.
68A
Personation for acquisition, etc., of
shares
18. 39
Allotment of securities by Company
(Partly effective)
69
Prohibition of allotment unless
minimum subscription received
19. 40
Securities to be dealt with in stock
exchanges. (Partly effective)
73
Allotment of shares and debentures to
be dealt in on stock
exchange
20. 44 Nature of shares or debentures. 82 Nature of shares or debentures
21. 45 Numbering of shares 83 Numbering of shares
22. 49
Calls on shares of same class to be
made on uniform basis.
91
Calls on shares of same class to be
made on uniform basis
23. 50
Company to accept unpaid share
capital, although not called up.
92
Power of company to accept unpaid
share capital, although not
called-up
24. 51
Payment of dividend in proportion
to amount paid up
93
Payment of dividend in proportion to
amount paid-up.
25. 57
Punishment for personation of
shareholder.
116
Penalty for personation of
shareholder
26. 58
Refusal of registration and appeal
against refusal.
111(1)
Power to refuse registration and
appeal against refusal
27. 59 Rectification of register of members. 111A Rectification of register on transfer
28. 60
Publication of authorised, subscribed
and paid up capital.
148
Publication of authorised as well as
subscribed and paid-up capital.
29. 65
Unlimited company to provide for
reserve share capital on conversion
into limited company.
32
Registration of unlimited company as
limited company
30. 69
Transfer of certain sums to capital
redemption reserve account.
77AA
Transfer of certain sums to capital
redemption reserve account.—

31. 70
Prohibition for buyback (Partly
effective)
77B
Prohibition for buy-back in certain
circumstances
32. 86 Punishment for contravention 142
Penalties ( for default in filing form 8
& Form 17
33. 91
Power to close register of members or
debentureholders or other security
holders.
154
Power to close register of members or
debenture holders
34. 100 Calling of EGM (Partly effective ) 169
Calling of extraordinary general
meeting on requisition
35. 102 Statement to be annexed to notice 173
Explanatory statement to be annexed
to notice.
All Companies which have issued
notice of general meeting on or after
12.09.2013 , the statement to be annexed
to the notice shall comply with
additional requirement as prescribed in
Section 102 of the New Act
--
36. 103 Quorum for meetings 174 Quorum for meetings
37. 104
Chairman for meetings (Partly
effective)
175 Chairman for meetings
38. 105 Proxies (Partly effective) 176 Proxies
39. 106 Restriction on voting rights.
181
Restriction on exercise of voting right
of members who have not paid calls.
182
Restrictions on exercise of voting right
in other cases to be void
183 Right of member to use his votes
differently.
40. 107 Voting by show of hands 177
Voting to be by show of hands in first
instance

178
Chairman's declaration of result of
voting by show of hands to be
conclusive
41. 111 Circulation of members’ resolution. 188 Circulation of members' resolutions
42. 112
Representation of President and
Governor in meetings
187A
Representation of the President and
Governors in meetings of companies
of which they are members
43. 113
Representation of corporations at
meeting of companies and of
creditors. (Partly effective)
187
Representation of corporations at
meetings of companies and of
creditors
44. 114 Ordinary & Special resolutions 189 Ordinary and special resolutions
45. 116
Resolutions passed at adjourned
meeting
191
Resolutions passed at adjourned
meetings
46. 127
Punishment for failure to distribute
dividends.
207
Penalty for failure to distribute
dividends within thirty days
47. 133
Central Government to prescribe
accounting standards.
211(3C)
Form and contents of balance sheet
and profit and loss account
Till the standard of Accounting or
any addendum thereto are
prescribed by Central Government
in consultation and recommendation
of the National Financial Reporting
Authority, the existing Accounting
Standards notified under Companies
Act, 1956 shall continue to apply.
48. 161
Appointment of additional director,
alternate director and nominee
director. (Partly effective)
260 Additional Director
262
Filling of casual vacancies among
directors
49. 162
Appointment of directors to be voted
individually.
263
Appointment of directors to be voted
on individually.
50. 163 Option to adopt principle of 265 Option to company to adopt

proportional representation for
appointment of directors.
proportional representation for the
appointment of directors.
51. 176
Defects in appointment of directors
not to invalidate actions taken.
290 Validity of acts of directors
52. 180 Restrictions on powers of Board 293 Restrictions on powers of Board
In respect of requirement of special
resolution under section 180 of the
New Act, 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
53. 181
Company to contribute to bona fide
and charitable funds, etc.
293(1)(e) Restrictions on powers of Board
54. 182
Prohibitions and restrictions
regarding political contributions.
293A
Prohibitions and restrictions
regarding political contributions
55. 183
Power of Board and other persons to
make contributions to national
defence fund, etc.
293B
Power of Board and other persons to
make contributions to the
National Defence Fund, etc
56. 185 Loans to Directors, etc 295 Loans to directors, etc.
57. 192
Restriction on non cash transactions
involving directors.
-
-
58. 194
Prohibition on forward dealings in
securities of company by director or
key managerial personnel.
- -

59. 195
Prohibition on insider trading of
securities.
- -
60. 202
Compensation for loss of office of
managing or whole time director or
manager.
318
Compensation for loss of office not
permissible except to managing
or whole-time directors or to directors
who are managers
61. 379
Application of Act to foreign
companies.
591
Application of sections 592 to 602 to
foreign companies
62. 382
Display of name, etc., of foreign
company.
595
Obligation to state name of foreign
company, whether limited, and
country where incorporated
63. 383 Service on Foreign Company 596 Service on foreign company.
64. 386
Debentures, annual return,
registration of charges, books of
account and their inspection. (Partly
effective)
602
Interpretation of foregoing sections of
Part
65. 394
Annual reports on Government
companies.
619A
Annual reports on Government
companies.
66. 405
Power of Central Government to
direct companies to furnish
information or statistics.
615
direct companies to furnish
information or statistics.
67. 407
National Company Law Tribunal and
Appellate Tribunal
10FD
National Company Law Tribunal and
Appellate Tribunal
68. 408 10FB
69. 409 10FD

70. 410 10FR
71. 411 10FR
72. 412 --
73. 413 10FE/FT
74.
414
10FG/
10FW
75.
439 Offences to be non cognizable
621 to
631 Offences and penalties under the Act
76.
443
appoint company prosecutors. 624A
appoint company prosecutors
77. 444 Appeal against acquittal -- --
78.
445
Compensation for accusation without
reasonable cause. -- --
79. 446 Application of fines 626 Application of fines
80. 447 Punishment for fraud -- --
81. 448 Punishment for false statement 628 Punishment for false statement
82. 449 Punishment for false evidence 629 Punishment for false evidence
83.
450
Punishment where no specific
penalty or punishment is provided. 629A
Penalty where no specific penalty is
provided elsewhere in the
Act.
84.
451
Punishment in case of repeated
default. -- --
85.
452
Punishment for wrongful
withholding of property. 630
Penalty for wrongful withholding of
property
86.
453
Punishment for improper use of
“Limited” or “Private Limited”. 631
Penalty for improper use of words
"Limited" and "Private
Limited"

87.
456
Protection of action taken in good
faith. -- --
88.
457
Nondisclosure of information in
certain cases. 635AA
Non disclosure of information in
certain cases.
89.
458
Delegation by Central Government of
its powers and functions. 637
Delegation by Central Government of
its powers and functions
under Act.—
90.
459
Powers of Central Government or
Tribunal to accord approval, etc.,
subject to conditions and to prescribe
fees on applications. 637A
637A. Power of Central Government
or Tribunal to accord approval, etc.,
subject to conditions and to prescribe
fees on applications
91. 460 Condonation of delay in certain cases. 637B Condonation of delays in certain cases
92.
461
Annual report by Central
Government. 638
Annual report by Central
Government
93.
462
Power to exempt class or classes of
companies from provisions of this
Act. -- --
94.
463
Power of court to grant relief in
certain cases. 633
Power of Court to grant relief in
certain cases.
95.
467
amend Schedules. -- --
96.
468
amend Schedules. 643
make rules relating to winding
up
97.
469
make rules. 642
make rules1.
98. 470 Power to remove difficulties. -- --

Thanking You
268, Business India Complex,
Uday Park, New Delhi-110049
Call us : +91 9718483209
Mail : kashifali@cskashif.com
Kindly note that the entire contents of these documents have been developed on the basis of relevant statutory provisions and
as per the information existing at the time of preparation. Though we have made upmost efforts to provide authentic information,
however we do not undertake any liability in any way whatsoever, to any person in respect of anything arising by reliance upon
the content of this article. The views expressed are the individual views of the author.
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