Introductionthe word company is amalgamation of the latin word com meaning with or together and pains means bread. Corresponding provisions of the companies act 20 visavis companies act 1956 and viceversa. Companies act in pdf is available for students and professionals. The companies act 20 is an act of the parliament of india on indian company law which regulates incorporation of a company, responsibilities of a company, directors, dissolution of a company.
Companies act, 1956 companies act, 20 financial year means, in relation to any body corporate, the period in respect of which any profit and loss account of the body corporate laid before it in annual general meeting is made up, whether that period is a year or not. Bhaba committee also recommended to permit partnership firms though not a legal. Section 372a of the companies act, 1956, specifically exempts any loans made, any guarantee given or security provided or any investment made by a holding company to its wholly owned subsidiary. Be it enacted by parliament in the sixth year of the republic of india as follows 1. The act contains provisions about companies, directors of the companies. This an act to consolidate and amend the law relating to companies. The companies act 1956 is administered by the government of india through the ministry of corporate affairs and the offices of registrar of companies, official liquidators, public trustee, company law board, director of inspection, etc. Prevention of corruption act central bureau of investigation. Specific provisions regarding government companies in corporate law are as follows. Section 25 companies under companies act 1956 legal news.
The curious case of section 4 7 of the companies act, 1956 this issue is of paramount importance for foreign companies having majority shareholding in indian companies since classification as a. Companies must have their financial year ending on 31 mar every year. The companies act, 20 rules on the companies act, 20 this feature allows you to view the companies act, 20 section wise or chapter wise. Separate listing department grants approval for listing of securities of companies by the provisions of the securities contracts regulation act, 1956, securities contracts regulation rules, 1957, companies act, 20, guidelines issued by sebi and rules, byelaws and regulations of the exchange. Section wise reference on companies act 20 vs 1956. Chapter xxi part i companies authorised to register under this act.
An act to consolidate and amend the law relating to companies and certain other associations. The companies act, 1956 existing act contains 658 sections and xv schedules. This is a ready reckoner for the information of stakeholders. The provisions of the companies act, 1956 which are still in force would form part of the. The act has replaced the companies act, 1956 in a partial manner. Distinction between companies act 1956 and companies act 20. You can view a specific section, or view all sections grouped by chapters. Additionally, it also prescribes the functions of company secretary and the. Critical issues relating to depreciation accounting.
Subject to the provisions of sub section 1, the central government may, by notification in the official gazette. Companies act, 1956 1 of 1956 so repealed under section 465 of. Chapter xix revival and rehabilitation of sick companies. Section wise comparison of companies act 1956 vs 20. Section 581al of the companies act, 1956 producer company means a body corporate having objects or activities specified in section 581b and registered as producer company under this act. Section 309 of the companies act, 1956 remuneration of directors approval of central government under section 309 not required in case of increase in remuneration of nonwhole time directors of a company solely on account of payment of service tax on commission payable to them by the company.
The comptroller and auditor general of india has the power to direct the manner in which the companys accounts are to be audited by the. Difference between companies act 20 vs companies act 1956. Full text containing the act, companies act, 1956, with all the sections, schedules, short title, enactment date, and footnotes. These sections are updated and extracted from the ebook on the companies act 20 by aubsp. The provisions of this act shall apply to goa, daman and diu, subject to the exceptions. Section 4 of companies act, 20 corporate law reporter. Government has received references seeking clarity about the status of subsidiaries incorporatedto be incorporated by companies incorporated outside india. Managerial remuneration as per the companies act, 1956. These reporting requirements were prescribed under the companies auditor s report order, 2003 caro 2003 by the ministry of corporate affairs mca. Interpretation of person in accordance with whose directions or instructions directors are accustomed to act.
Chapter xviii removal of names of companies from the register of companies. Main provisions of companies act 1956 presented by. Concise comparison between 1956 act and 20 act in tabular form. Explore the companies act 20 and companies act 1956. The companies act, 20 passed by the parliament has received the assent of the president of india on 29th august, 20. Provisions related to producer companies under companies. Section 25 companies under companies act 1956 legal. Ministry of corporate affairs companies act search. Dec 16, 2010 after ceased the status from a private company which is a subsidiary of public company, it will be treated as private company with in the meaning of 31iii of the companies act, 1956. A brief description of amendment acts are given below.
Application of section 295 to book debts in certain cases. Companies act the companies act is a successor to the indian companies act of 19 and is a consolidation of many successive amendment acts, statutory rules and principles laid down in decisions of. Additionally, it also prescribes the functions of company secretary and the concept of. Inserted by the companies corporate social responsibility policy amendment rules, 2014, w. May 2020 edition of my ebook on the companies act, 20 is available for sale from may 4, 2020. Section 205 of the companies act, 1956 the 1956 act read with section 350 of the said act, when specifying the requirements relating to depreciation for determination of profits for purposes of dividend, inter alia, required a company to provide depreciation at least at the rate specified in schedule xiv to the 1956 act. The companies act, 20 rules on the companies act, 20 this feature allows you to view the companies act, 20 sectionwise or chapterwise. Companies act, 20 an integrated section wise approach. As we know that the companies act, 20 has now replaced the decades old companies act, 1956 which was amended tons of time.
The 20 act is divided into 29 chapters containing 470 sections as against 658 sections in the companies act, 1956. Companies act, 1956 bare acts law library advocatekhoj. Applicability and construction of section 396 of the companies act, 1956 compulsory amalgamation of companies by a central government order held that. Section 268 amendment of provision relating to managing, wholetime or. Updated version of the companies auditors report order. Section 581ak of the companies act, 1956 producer means any person engaged in any activity connected with or relatable to any primary. The companies act 20 has 464 sections and 7 schedules. Apr 04, 20 33 prescribed means, as respects the provisions of this act relating to the winding up of companies except subsection 5 of section 503, 23subsection 3 of section 550, section 552 and subsection 3 of section 555, prescribed by rules made by the supreme court in consultation with 24 the tribunal, and as respects the other. The companies act of 1956 came into force from 1st april, 1956 and was largely based on the english companies act of 1948. Section 266g penalty for contravention of provisions of section 266a or section 266c or section 266d or section 266e.
Complete list of sections of companies act, 20 corporate. Power of company law board to call annual general meeting. After ceased the status from a private company which is a subsidiary of public company, it will be treated as private company with in the meaning of 31iii of the companies act, 1956. In the new companies act, there are many new concepts introduced like definition of one person company, small company, dormant company, independent directors, cross border mergers etc. Table containing provisions of companies act, 20 as notified up to date and corresponding provisions thereof under companies act, 1956. Therefore, it is statutory obligation that all companies are expected to follow the relevant section for the act that governs the maintaining of accounts. Section 149 of companies act 20 deals with appointment and qualification of directors. It is applicable to all public companies and private company which is a subsidiary of public company. Oct 09, 2014 companies act, 1956 companies act, 20 financial year means, in relation to any body corporate, the period in respect of which any profit and loss account of the body corporate laid before it in annual general meeting is made up, whether that period is a year or not. Table containing provisions of companies act, 20 as. Section 25 of companies act, 1956 was introduced for such companies based on english companies act 1948. May 04, 2020 companies act in pdf is available for students and professionals. Section 267 certain persons not to be appointed managing directors. Compare section find out what has changed by comparing corresponding section of.
The central governments satisfaction must be as to the conditions precedent mentioned in the section as correctly understood in law, and must be based on facts that have been gathered by. Court in consultation with high courts, and as respects the other provisions of this. It extends to the whole of india that it shall apply to the state of nagaland subject to such modifications,as the central government may, by notification in the official. Definitions of company, existing company, private company and public company 4. Companies were permitted to have financial year ending on a date decide by company. Applicability of section 372a companies act 1956 abcaus.
You can also search for keywords within the sections of the act. Listing means an admission of the securities to dealings on a recognized stock exchange. Section 209 and 210 of the companies act specifies regarding preparation of final accounts. The advantages of section 25 companies over other companies registered under companies act are discussed below. Analysis of amendments made to clause 49 of listing. All listed companies all public companies having a. Presently, a bill to further amend the companies act is pending in the parliament. This act extends to the whole of india, and came in to force on 1st april, 1956. The income tax department never asks for your pin numbers, passwords or similar access information for credit cards, banks or other financial accounts through email the income tax department appeals to taxpayers not to respond to such emails and not to share information relating to their credit card, bank and other financial accounts.
Sub section 2 of section 255 contains no provisions for retirement of directors of private limited company. Page 7 other corporate laws competition act, 2002 as amended upto date 7. Basis companies act 1956 companies act 20 commentsremarks 1. Dissemination of information with regards to provisions of the companies act,20 as notified till date visavis the corresponding provisions of companies act, 1956. Attention has, in particular, been drawn to the absence of the deeming provision of subsection 7 of section 4 of the companies act, 1956 in the companies act, 20 new act. Download the complete list of all sections of companies act 20 in pdf format.
The curious case of section 4 7 of the companies act, 1956. Form 4 see clause b of subrule 1 of rule 5form of notice with which invoice demanding payment is to be attached under rule 5 of the insolvency and bankruptcy application to adjudicating authority rules, 2016to, from, subject. Section 2274a of the companies act, 1956 1956 act required that the auditors report of certain class of companies should include a statement on certain prescribed matters. Read both companies act 201956 in a unique manner with inbuilt links to rules, sections etc.
Table containing provisions of companies act, 20 as notified up to 28. The issue has been examined with reference to applicability of section 372a of the companies act, 1956 visavis section 185 of the companies act, 20. Financial year means in relation to any company or body corporate. Jan 20, 2011 the advantages of section 25 companies over other companies registered under companies act are discussed below. The company law, in india, is codified, and contained in the companies act, 1956.