MCA ISSUES CLARIFICATION WITH RESPECT TO IMPLEMENTATION OF COMPANIES ACT 2013

MCA ISSUES CLARIFICATION WITH RESPECT TO IMPLEMENTATION OF COMPANIES ACT 2013

In follow-up to its notification dated 12th September 2013 where by 98 sections of the Companies Act 2013 has been notified with immediate effect, the Ministry of Corporate Affairs has come out with clarification (by way of circular no 15/2013 dated 13th September 2013) relating to the implementation of certain provisions in view of certain queries received from various stakeholders It is clarified that 

a.     Section 2 (68)- Private Company :- Registrar of Companies may register those Memorandum and Articles of Association received till 11.9.2013 as per the definition clause of the 'private company' under the Companies Act 1956 without referring to the definition of 'private company' under the "said Act". 

b.     Section 102- Statement to be annexed to Notice :- All companies which have issued notices of general meeting on or after 12.9.2013, the statement to be annexed to the notice shall comply with additional requirements as prescribed in section 102 of the "said Act". 

c.     Section 133- Financial Statement, Board Report, etc :- Till the Standards 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 the Companies Act, 1956 shall continue to apply. 

d.     Section 180-Restrictions on powers of Board :- In respect of requirements of special resolution under Section 180 of the "said Act" as against ordinary resolution required by the Companies Act 1956, if notice for any such general meeting was issued prior to 12.9.2013, then such resolution may be passed in accordance with the requirement of the Companies Act 1956.