The Companies Act, 2013 – published in “The Gazette of India”

On 30th August, 2013, the “Ministry of Law and Justice”, published the “Companies Act, 2013″ in the  ”The Gazette Of India”.

Download a copy of the Companies Act 2013, as Published in “The Gazette of India”.

Source : The Gazette Of India



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23 thoughts on “The Companies Act, 2013 – published in “The Gazette of India”

  1. Very resourceful blog. Appreciate efforts. Best wishes from our firm abm & associates LLP, Chartered Accountants.
    Regards,

  2. Thank you Madam for wonderful insight into guidelines, rules and regulations. I would have availed your secretariat services for my company, if you were attached to ROC-Bangalore.
    Thanks again

  3. Dear Ms. Meenal,

    I went through the company incorporation process laid on the web including the Ministry of Corporate Affiairs site. Is there any changes to the process or forms to be filled after incorporation of Companies Act 2013?
    Will you be able to assist me on that?

    Highly appreciate your response at earliest.

    Inshira From Sri Lanka

  4. XYZ Biscuits is registered trademark of its respective owner.

    Now suppose “XYZ Biscuits private limited” this name is available with ROC and I register my company with this name then can I be sued for trademark violation?

    If yes, then can I argue that name of company was registered as per the rules of ROC?

    • If XYZ Biscuits is registered trade mark of it respective owner and since the name was available on mca site,and you register the company. You can be sued for trademark violation. This is because form 1A (Name application of new company) is to be singed by an applicant. He has to verify and give declaration to the ROC that “To the best of my knowledge and belief, the information given in this application and its attachments is correct and complete,and the proposed name does not infringe the registered trademark rights of any entity or person or a trademark which is subject of an application for registration, of any other person under the Trade Marks Act,1999. Hence you have to take utmost care while submitting form 1A with ROC. You cannot argue that the name of company was registered as per the rules of ROC. Because at the end of form 1A you are giving verification that ” I undertake to be fully responsible for the consequences, in case the name is subsequently found to be in contravention of the provisions of section 20 and 21 of the Companies Act, 1956 and the prescribed guidelines.”

  5. Your updates have been very resourceful, thanks.

  6. Madam, A co. incorported in Jan 2012 has failed to intimate to auditors within 7 days of appointment in first Board meeting , hence form 23B also could not be filed by auditor. The period of AGM (18 monhts) has also elapsed and period of filing 23AC and 23ACA and annual return has also elapsed. Shall be grateful if you could kindly advise how to proceed in the matter alongwith penalties and late fee etc. Rgds.

    • Form 23B shall be required to filed after holding AGM and within 30 days from the date of receipt of appointment letter from the company. Form 23B is to be filed by an auditor once he receives appointment letter to the concerned ROC. If it is not filed within due dates, the company shall be required to pay additional fees. Please refer ‘calculation of fees’ on MCA site.

  7. Dear Ma’am,

    I would like to know, that whether the deposit of Rs. 100,000 will be required for appointing the retiring additional director of a private limited company at the AGM. At the AGM we are going to make them as a permanent director (regular director).
    Following are the details
    Date of AGM – 26/09/2013
    Date of notice for AGM – 02/09/2013

    • Deposit of Rs. 1 Lakh will not be required for appointing the retiring additional director of a Private limited company at the AGM.

  8. Hello Mam
    I have a query related to issue os share at premium in pvt ltd co.
    Whether SR is required to be passed as per new companies act or only board resolution is enough to allot share at premium

    • Only Board resolution is sufficient to issue shares at premium because uptil now the New Companies Act 2013 not yet implemented.

  9. Dear Madam,
    Greetings for the day.
    Madam, can I register my company/LLP at my residence address?
    Is it compulsory to put a name plate of my company/LLP on the door of my house? ( My housing society may object to this?)

    My wife and me ( only 2 persons) will be forming partnership firm. My wife will be partner only for name sake otherwise the business will be managed by me.
    My wife is educated but Since, general partnership give arise to unlimited liability and I fear if wife unknowingly signs any contract then it will be big trouble so should I form LLP? what do you suggest madam.

    Thank you.

    • Yes you can register LLP by providing residential address, you have to submit proof of place. Yes, though it is not mentioned in LLP Rules, it would be advisable to place/mention the name plate of LLP on the door of your house. Yes, you and your wife can be designated partners.

  10. Thanks for providing the clarification

  11. WOS is wholly owned by a parent company.
    WOS requires minimum of 2 shareholders.
    The parent company shall be a shareholder [with 100% shareholding].
    Who can be the second shareholder..

    • WOS is Wholly Owned Company where the parent company hold 100% shares of WOS. As per requirement there should be two members, the parent company will hold 99.99% shares of WOS and one shares will be held by a nominee or authorised representative of Parent company and WOS will comply the provisions of Section 187C of the Companies Act, 1956. here nominee or authorised representative will be director /any person.

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