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Details of Sections enforced of Companies (Amendment) Act, 2017 Sr. Section in C(A) Corresponding Brief of Amendment Date of No. Act, 2017 Section of enforcement Companies Act, 2013 Phase I 1. Section 1 Section 1 January 26, Short title, extent, commencement and 2018 2. Section 4 Section 4 (5) (i) application January 26, “Reservation of Reservation of name for 20 days against 60 days 2018 name” from the date of approval for new companies; Existing companies change of name for 60 days from the date of approval. Earlier the day count was from the date of application. 3. Section 2 Section 2(6)- Phase II February 9, 9 except clause “associate company” significant influence- control of 20% of total 2018 , (i) and (xiii) voting power, or control of or participation in business decisions under an agreement; joint venture- joint arrangement having joint control of the arrangement have rights to the net 4. Section 2 Section 2(28)- “cost assets of the arrangement; February 9, except clause accountant” Requirement of holding COP. 2018 (i) and (xiii) Sr. Section in C(A) Corresponding Brief of Amendment Date of No. Act, 2017 Section of enforcement Companies Act, 2013 5. Section 2 Section 2(30)- Exclusion to the instruments referred to in February 9, 9 except clause “debenture” Chapter III-D RBI Act and such other 2018 , (i) and (xiii) instrument, as may be prescribed. 6. Section 2 Section 2(41)- The proviso relating to application to the February 9, 9 except clause “financial year” Tribunal India has been extended to an 2018 , (i) and (xiii) associate company as well. 7. Section 2 Section 2(46)- Company to include a body corporate February 9, 9 except clause “holding company” 2018 , (i) and (xiii) 8. Section 2 Section 2(49)- Omitted. February 9, 9 except clause “interested director” 2018 , (i) and (xiii) 9. Section 2 Section 2(51)- “key Inclusion of a whole time officer, not more than February 9, 9 except clause managerial one level below the directors designated by the 2018 , (i) and (xiii) personnel” Board. 10. Section 2 Section 2(57)- “net Inclusion of debit or credit balance of profit and February 9, 9 except clause worth” loss account. 2018 , (i) and (xiii) 11. Section 2 Section 2(71)- Insertion of the word ‘and’ between the clauses. February 9, 9 except clause “public company” 2018 , (i) and (xiii) Sr. Section in C(A) Corresponding Brief of Amendment Date of No. Act, 2017 Section of enforcement Companies Act, 2013 12. Section 2 Section 2(76)- Substitution of clause (viii) to clarify a body February 9, 9 except clause “related party” corporate to be treated as a related party; 2018 , (i) and (xiii) Insertion of explanation to clarify quantum of investment by investing company or venture of 13. Section 2 Section 2(85)- the -company February 9, 9 except clause “small company’’ Increase of the paid up capital criteria from INR 2018 , (i) and (xiii) 5 crore to INR 10 crore and turnover criteria from INR 20 crore to INR 100 crore; Substitution of the words "as per profit and loss account for the immediately preceding financial year" for the words "as per its last profit and loss 14. Section 2 Section 2(87)- account" February 9, 9 except clause “subsidiary For control criteria, for the words "total share 2018 , (i) and (xiii) company” capital", the words "total voting power" has been substituted; 15. Section 2 Section 2(91)- Substitution of the clause to mean gross February 9, 9 except clause “turnover” amount of revenue recognized in P/L from the 2018 , (i) and (xiii) sale, supply, or distribution of goods or on 16. Section 3 Section 3A- account of services rendered, or both. February 9, “Members New section for members liability for reduction 2018 severally liable of number of members below statutory in certain minimum and carries on business for more than cases” 6 months; severally liable for the payment of the whole debts and may be severally sued therefor. Sr. Section in C(A) Corresponding Brief of Amendment Date of No. Act, 2017 Section of enforcement Companies Act, 2013 17. Section 7 Section 21- Permits Board to authorise any employee February 9, “Authentication of of the company. 2018 documents” 18. Section 9 Section 35 (2) “Civil Providing immunity to a person who proves of February 9, liability for mis- having relied on expert opinion pursuant to 2018 statements in which such person shall not be liable for mis- prospectus” statement in prospectus. 19. Section 11 Section 47 -“Voting Reference is given to sub-section (1) of section February 9, Rights” 188 relating to restrictions for the party to the 2018 Section 12 contract to abstain from voting. February 9, 20. Section 53(2) Removal of typo error and exception 2018 “Prohibition on provided to Debt Restructuring scheme . issue of shares at discount” 21. Section 14 Section-62 (2) The change in the provision relates to the February 9, “Further issue of mode of sending the notice for rights offer. 2018 share capital” 22. Section 17 Section 76A- Change brought in penal provisions in case February 9, “Punishment for of contravention of the manner or the 2018 contravention of conditions prescribed under section 73, section 73 or section section 76, rules made thereunder, failure 76” to repay any deposit or part thereof, or any interest due thereon within the time period specified under section 73 or section 76 or rules made thereunder.
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