Companies Act, 2013, Second amendemnet in Chapter VII, Companies (Management and Administration Rules) 2014
Ministry
of Corporate Affairs, vide its Notification Dated 24th July, 2014 has
made amendments in rules made under Chapter VII, of the Companies Act 2013,
i.e. ‘Companies (Management and
Administration Rules) 2014.
This
is second amendment made by Ministry, and will come into effect from the date
of its publication in official gazette.
Following four amendments were made by this notification;
(i)
In Rule 9, after sub-rule (3), the
following proviso shall be inserted, namely;-
“Provided
that nothing contained in this rule shall apply in relation to a trust which is
created, to set up a Mutual funds or Venture Capital Fund or such funds as may
be approved by the Securities and Exchange Board of India”.
(ii)
In rule 13,-
(a)
the word “either value or volume of the
shares” shall be omitted.
(b)
the explanation shall be omitted.
(iii)
in rule 23, in sub-rule (1) , for the words
“not less than five lakh rupees” the word “not more than five lakh rupees”
shall be substituted;
(iv)
in Rule 27, in sub-rule (1) and in the
Explanation, for the “Shall” the word “may” shall be Substituted.
We
are reproducing here the relevant rules as amended by this notification , the amendments
are highlighted in “RED” Color.
9. Declaration in respect
of beneficial interest in any shares.-
(1) ………
(2) ………
(3)
Where any declaration under section 89
is received by the company, the company shall make a note of such declaration
in the register of members and shall file, within a period of thirty days from
the date of receipt of declaration by it, a return in Form No.MGT.6 with
the Registrar in respect of such declaration with fee.
“Provided that nothing contained in this rule shall apply in
relation to a trust which is created, to set up a Mutual funds or Venture
Capital Fund or such funds as may be approved by the Securities and Exchange
Board of India”.
13. Return of changes in
shareholding position of promoters and top ten
shareholders.-
Every listed company shall file with
the Registrar, a return in Form No.MGT.10 along with the fee with
respect to changes relating to either increase or decrease of two percent, or
more in the shareholding position of promoters and top ten shareholders of the
company in each case, either value or volume of the shares, within fifteen days of such change.
23. Special
Notice.-
(1) A special notice required to be given
to the company shall be signed, either individually or collectively by such
number of members holding not less than one percent of total voting power or
holding shares on which an aggregate sum of not less than not more than five lakh rupees has been paid up on
the date of the notice.
27. Maintenance and
inspection of document in electronic form.-
(1)
Every
listed company or a company having not less than one thousand shareholders,
debenture holders and other security holders, shall may maintain its records, as required to
be maintained under the Act or rules made there under, in electronic form.
You
can download this notification form the following link;
Thanks & Regards:
KASHIF ALI & ASSOCIATES
Company Secretaries
268, Business India Complex,
Uday Park, New Delhi-110049
Call us : +91 9718483209
Mai: cs.kashifali@gmail.com
Note: Kindly note that the entire contents of this
article have been developed on the basis of relevant statutory provisions and
as per the information existing at the time of preparation i.e. Act,
notification, clarifications & circular issued by MCA. 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. It shall not be
used as a legal opinion and not to be used for rendering any professional
advice.
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