- Companies (Registration Offices and Fees) Amendment Rules, 2016
(Notification date 6th May, 2016)
In the Companies (Registration Offices and Fees) Rules, 2014, (i) Form No. GNL-1 and Form No. GNL-4 have been substituted;
- Designation of Special Courts for the purposes of trial of offences punishable under the Companies Act, 2013
(Notification date 18th May, 2016)
In exercise of the powers conferred by sub-section (1) of Section 435 of the Companies Act, 2013, the Central Government after obtaining the concurrence of the respective chief justices of the High Courts, designates the following courts as mentioned in the Table below as Special courts for the purpose of trial of offences punishable under the Companies Act, 2013 with imprisonment of two years or more:
Sl. No. Existing Court Jurisdiction as Special Court 1 Courts of Additional Special Judge, Anti- Corruption at Jammu and Srinagar State of Jammu and Kashmir 2 Presiding Officers of Court No’s. 37 and 58 of the City Civil and Sessions Court, Greater Mumbai State of Maharashtra 3 Court of Principal District and Sessions Judge, Union territory of Dadra and Nagar Haveli at Silvassa Union Territories of Dadra and Nagar Haveli and Daman and Diu 4 Court of District Judge-1 and Additional Sessions Judge, Panaji State of Goa 5 Court of Principal District and Sessions Judge, Ahmedabad (Rural), situated at Mirzapur, Ahmedabad State of Gujarat 6 9th Additional Sessions Judge, Gwalior Madhya Pradesh State of Madhya Pradesh 7 Court of Additional District and Session Judge, Port Blair, Andaman and Nicobar Islands Union territory of Andaman and Nicobar Islands. 8 2nd Special Court, Calcutta State of West Bengal - Commencement of section 2(29), sections 435 to 438 and 440 of Companies Act, 2013
The Central Government has appointed 18th May, 2016 as the date on which the provisions of clause (iv) of sub-section (29) of section 2, sections 435 to 438 (both sections inclusive) and section 440 of the Companies Act, 2013 have come into force.
- Companies (Corporate Social Responsibility Policy) Amendment Rules, 2016 (Notification date 23rd May, 2016 vide G.S.R. 540 (E)
In the Companies (Corporate Social Responsibility Policy) Rules, 2014, in rule 4, for sub-rule (2), the following sub-rule has been substituted, namely:-
“(2) The Board of a company may decide to undertake its CSR activities approved by the CSR Committee, through
(a) a company established under section 8 of the Act or a registered trust or a registered society, established by the company, either singly or alongwith any other company, or
(b) a company established under section 8 of the Act or a registered trust or a registered society, established by the Central Government or State Government or any entity established under an Act of Parliament or a State legislature:
Provided that- if, the Board of a company decides to undertake its CSR activities through a company established under section 8 of the Act or a registered trust or a registered society, other than those specified in this sub-rule, such company or trust or society shall have an established track record of three years in undertaking similar programs or projects; and the company has specified the projects or programs to be undertaken, the modalities of utilisation of funds of such projects and programs and the monitoring and reporting mechanism”.
- General Circular No. 5/2016 – Clarification with regard to provisions of Corporate Social Responsibility under sectin 135 of the Companies Act, 2013
In continuation to this Ministry’s General Circular 01 of 2016 dated 12.01.2016, it was clarified that companies, while undertaking Corporate Social Responsibility activities under provision of the Companies Act, 2013, shall not contravene any other prevailing laws of the land including Cigarettes and Other Tobacco Products Act (COTPA), 2003.
- General Circular No. 6/2016 – Relaxation of additional fees and extension of last date of filing of various e-Forms under the Companies Act – reg
In continuation of this Ministry’s General Circular No.03/2016 dated 12.04.2016, keeping in view of requests received from various stakeholders, it has been decided to extend the period for which the one time waiver of additional fees is applicable to all e-forms which are due for filing by companies between the 25th March 2016 upto 31st May 2016 as well as extend the last date for filing such documents and availing the benefit of waiver to 10.06.2016.
- General Circular No. 7/2016 – Relaxation of additional fees and extension of time for filing of eforms by Companies and for filing of Annual Return (Form 11) by the LLPs – Reg
In continuation of this Ministry’s General Circular No.03/2016 dated 12.04.2016 and General Circular No.06/2016 dated 16-5-2016, keeping in view of requests received from various stakeholders, it has been decided to extend the period for which the one time waiver of additional fees is applicable to all e-forms which are due for filing by companies between the 25th March 2016 upto 30th June, 2016 as well as extend the last date for filing such documents and availing the benefit of waiver to 10.07.2016.
Further, in view of the requests received from the stakeholders, it has been decided to extend the time limit prescribed under the provisions of section 35 of LLP Act, for filing of Form 11 of LLP in respect of Financial Year ending on 31.03.2016 upto 30.06.2016 without additional fees.
