Sl.

No

Section(s)

under the CA,

2013,amended

Section No. in

theAmendment

Act

Existing provision in the

Section/Clause in the CA, 2013

Amendment relating to

Remarks/Comments

1

Amendment

to     Section 2

(68), (71) and

Section 11

2 and 4

Section2(68),      (71)– As                         per the

definition, a Private Company to have a

minimum paid-up capital of Rs.1 Lakh

and Public Company to have minimum

paid-up capital of Rs.5 lakhs.

Section 2 (68), (71) - Deletion of the

requirement as to Minimum Capital i.e.,

Rs. 1 Lakh for Private Companies and Rs. 5

Lakhs for Public Companies.

Now a company can be

incorporated with paid-up

capital of Rs.1/-, may be.

Section 11 – Declaration as to receipt

of the minimum paid-up capital from

the subscribers.

Section 11 – Omitted.

No    requirement    of filing

commencement of business

declaration.

Sl.

No

Section(s)

under the CA,

2013,amended

Section No. in

theAmendment

Act

Existing provision in the

Section/Clause in the CA, 2013

Amendment relating to

Remarks/Comments

2

Amendment

to sections 9,

12, 22, 46 and

223.

3, 5, 6, 7 and

18

Section-9-Company to have Common

Seal.

Section-12-Company to have its name

engraved in legible characters on its

seal;

Section-22-Execution                                        of                                    Bills of

Exchange, authorisation to execute

under the Common Seal.

Section-46-Issue      of                        Certificates

(Share/Debenture) to be issued under

the Common seal of the Company.

Section -223-nspectors report to be

authenticated by the Common Seal of

the Company.

Amendment as to making commonseal

optional, and consequential changes for

authorisation  for execution         of

documents for companies having no

Common Seal.   i.e., authorisation shall

be made by Two Directors or 1 Director

and 1 CS, if the Company has CS

3

Insertion      of

new Section

76 A

8

No section

Section – 76 A - Punishment for deposits

acceptedin violation of the provisions of

the said Act;

Penalty:

On Company:

To refund the deposit with

interest +Fine not less than

Rs.1 Cr and upto Rs. 10 Cr.

On every Officer:

7 years imprisonment or fine

not less than Rs. 25 Lakhs and

upto Rs. 2 crores or with both

+ if proved that punishment if

the violation is committed

knowingly, under Section 447.

Sl.

No

Section(s)

under the CA,

2013,amended

Section No. in

theAmendment

Act

Existing provision in the

Section/Clause in the CA, 2013

Amendment relating to

Remarks/Comments

4

Amendment

to Section 117

(3) (g)

9

117 (3) (g) – Resolutions passed in

pursuance of Section 179 (3) are to be

filed with the Registrar of Companies.

Amendment to prohibit public

inspection of Board resolutions filed in

the Registry.

Board Resolution cannot to be

inspected by others.

Further, the many items as

prescribed under the relevant

rules     have   also                been

considerably Omitted by the

relevant amendment Rules

5

Amendment

to sub-

section (1) of

section 123

10

No proviso in the Principal Act

Amendment to include provisions for

writing off past                 losses/depreciation

before declaring dividend for the year

Erroneously missed out in the

Principal Act, but was given as

an amendment to the relevant

rules made under the section.

6

Amendment

to sub-

section (6) of

section 124

11

Section 124 (6) - All shares in respect

of which unpaid or unclaimed

dividend has been transferred under

sub-section        (5)                          shall                          also                          be

transferred by the company in the

name of Investor Education and

Protection       Fund                        along with a

Statement.

for the words,       brackets and figure

“unpaid or unclaimed dividend has been

transferred under sub-section (5) shall

also be”, the words “dividend has not

been paid or claimed for seven

consecutive years or more shall be” shall

be substituted;

Amendment so as to rectify the

requirement of transferring equity

shares for which unclaimed/unpaid

dividend has been transferred to the

Investors Education and                                Protection

Fund even though subsequent

dividend(s) has been claimed and paid.

Sl.

No

Section(s)

under the CA,

2013,amended

Section No. in

theAmendment

Act

Existing provision in the

Section/Clause in the CA, 2013

Amendment relating to

Remarks/Comments

7

Amendment

to sub-section

(3) of section

134 and sub-

section (12) of

section 143

12 and 13

134 (3)(ca) – New provision – Details

as to the frauds as reported by the

Auditor to be included in the Directors

report.

143 (12) – reporting of Fraud by the

Auditor

Disclosures to be made in the Board's

Report;

Alteration to       incorporate                           enabling

provisions to       prescribe thresholds

beyond which fraud shall be reported to

the Central Government. Below the

threshold, it will be reported by the

Auditor to the Audit Committee.

Some relief to the Auditors.

8

Amendment

to clause (iv)

of sub-section

(4) of section

177

14

New proviso to Section 177 (4) (iv) –

giving powers to Audit Committee.

Inclusion of proviso, empowering Audit

Committee to give omnibus approvals for

Related party transactions on annual

basis, subject to conditions as may be

prescribed.

9

Amendment

to Section 185

of

15

New sub-sections 185 (1) (c) & (d) –

These subsections were earlier

included in the rules

Alteration to provide for exemption for

loans/ guarantees/securities                                             by                                               a

Company to its wholly owned

subsidiaries and guarantees/securities

given by a company to its subsidiaries for

the loans availed by it from Banks/FI.

Sl.

No

Section(s)

under the CA,

2013,amended

Section No. in

theAmendment

Act

Existing provision in the

Section/Clause in the CA, 2013

Amendment relating to

Remarks/Comments

10

Amendment

to sub-section

(1) of section

188

16

188 (1) – Requirement of prior

approval of the members by way of

special   resolution for transactions

with the related party.

188 (3) – Requirement of special

resolution for transaction by the

Director      or employee with the

Company.

Alteration      for                      replacing                      'special

resolution' with 'resolution' for approval

of Related party transactions by non‑

related shareholders;

to exempt     relatedparty transactions

between holding companies and wholly

owned subsidiaries (WOS) whose

accounts are consolidated.

Relaxed to ordinary resolution.

11

Amendment

to sub-section

(6) of section

212

17

212 (6) – Releasing of accused on bail.

Many sections were covered

Alteration    to remove the repetition of

sections, which attract punishment for

fraud under Section 447

12

Amendment

to Sub-Section

(1) of Section

248

19

248 (1)-Power of Registrar to remove

the name of the Company from the

Register of Companies

Alteration as to removal of Clause (b) of

Subsection (1) of Section 248- As to

receipt of minimum subscription and

filing of commencement of business with

ROC.

13

Amendment

to sub-section

(4) of section

419

20

419 (4)-Powers of the president of the

NCLT to constitute benches for

disposal of cases as to rehabilitation,

restructuring, reviving or winding up

of companies

Alteration as to deletion of the word

Winding-up, so as to enable the, taking‑

up cases relating to winding-up by 2‑

member Bench instead of a 3-member or

a larger Bench.

Sl.

No

Section(s)

under the CA,

2013,amended

Section No. in

theAmendment

Act

Existing provision in the

Section/Clause in the CA, 2013

Amendment relating to

Remarks/Comments

14

Amendments

to       sections

435 and 436

21 and 22

435 (1) – establishment of special

courts for trial of offences.

436 (1) – Offences trailable by Special

Courts

Earlier no limit was mentioned in the

respective    sections,                         now,                         the

amendment provides for Special Courts

to    try     only        offences        carrying

imprisonment of two years or more.

And all other offences shall be tried, as

the case may be, by a Metropolitan

Magistrate or a Judicial Magistrate of the

First Class having jurisdiction to try any

offence under this Act or under any

previous company law.

15

Amendment

to Section 462

23

462 – Power of Central Government

to exempt certain class of companies

from provisions of the Act.

Amendment to Sub-Section (2) of

Section 462, as to the manner of placing

the    notifications issued         by the CG

pursuant to Section sub-section (1). The

content of Sub-section has been altered

and divided in to new Sub-Section (3) &

(4).

Sl.

No

Chapter/Section number/Sub-section(s) in the Companies

Act, 2013 and Description of the Section, under which the

changes were proposed.

Exceptions/Modifications/Adaptations, as the case

may be, as per the Notification

Remarks

1

Chapter 1, sub-clause (viii) of Clause 76 of Section2

(Related Party definition)

Exception:-

(A) a holding, subsidiary or an associate company of

Private company; or

(B) a subsidiary of a holding company to which it is

also a subsidiary; is /are not a Related Party to such

Private Company for the purpose of Section 188.

For the purpose of Sec.188,

the Holding, Subsidiary or

Associate Company of a

Private Limited Company not

be considered as a related

party.

Sl.

No

Chapter/Section number/Sub-section(s) in the Companies

Act, 2013 and Description of the Section, under which the

changes were proposed.

Exceptions/Modifications/Adaptations, as the case

may be, as per the Notification

Remarks

2

Chapter IV, section 43 (Kinds of Capital) and 47 (Voting

Rights)

Exception:-

Shall not apply

So,     a   Private         Limited

Company, now, can have

Capital other than Two Types

as given in Section 43, and

also have voting rights in the

form other than as given in

Section 47.

3

Chapter IV, sub-clause (i) of clause (a) of sub-section (1) of

section 62) (Rights Issue) and sub-section (2) of section 62

(relating to Despatch of Notice of Rights issue)

Modification:-

As to inclusion of a proviso aftersub-clause (i) of

clause (a), for having a lesser period of notice,

subjection to obtaining of consent from 90 %

members of a Private Limited Company.

Enables the Private Company

to have rights offer with

lesser period, if approved by

90 % of the members of the

Company.

4

Chapter IV, clause (b) of sub-section (1) of section 62

(Issue of Shares to Employees under ESOPS)

Modification:-

Shall apply except that instead of Special resolution,

Ordinary resolution would be enough.

Reduction in requirement as

to the nature of resolution,

from Special to Ordinary

Resolution.

5

Chapter IV, Section 67 (Restrictions on purchase by

company or giving of loans by it for purchase of its

shares)

Modification/Adaptation/Exception:-

Shall not apply to Private Companies:

- In whose share Capital no other Body corporate

has invested any money;

- Whose borrowings from Banks/FI or other Body

Corporates is less than (a) Twice its Paid-up capital

or (b) Rs. 50 Crores, whichever is less; and

- Has not defaulted in repayment of such

borrowings, subsisting at the time of making

transactions under this section.

Benefit to closely held Private

c o m pa n i e s with                                  s ma ll

amounts of borrowings and

who does not have any

equity investment from

other Body Corporates.

Certain Limits have been

prescribed,                      thereby,                        any

private Company not hitting

any of the said limits, is free

to purchase its shares or give

loans for purchase of its

shares.

Sl.

No

Chapter/Section number/Sub-section(s) in the Companies

Act, 2013 and Description of the Section, under which the

changes were proposed.

Exceptions/Modifications/Adaptations, as the case

may be, as per the Notification

Remarks

6

Chapter V, Clauses (a) to (e) of sub-section (2) of section

73 (Acceptance of deposits from its Members)

Exemption/Adaptation:-

Shall not apply to private companies which accepts

from its members monies not exceeding 100 % of

aggregate of the Paid-up Share Capital and Free

Reserves and such company shall file the details of

monies so accepted to the registrar in such manner

as may be specified.

Exemption to                         private

companies which propose to

accept      mon iesfrom                 its

members not exceeding 100

% of aggregate of the Paid‑

up Share Capital and Free

Reserves.

However, the details of

deposits accepted needs to

be informed to the Registrar.

7

Chapter VII, sections 101 to 107 and section 109 (Notice of

Meetings, Statement to be annexed to the notice, Quorum

for meetings, Chairman of meetings, Proxies, Restrictions

on voting rights, voting by show of hands, and Demand for

Poll)

Exemption/Adaptation:

Shall apply unless:

- otherwise specified in respective sections or

- articles of the private company otherwise provide.

8

Chapter VII, Clause (g) of sub-section (3) of Section 117

(Filing of Resolutions passed by the Board)

Exemption:

Shall not apply.

Accordingly the resolutions

passed by the Board of

Directors of the Company

pursuant to Section 179 (3)

read with Rule 8 of the

Companies (Meetings of

Board and its Powers) Rules,

2014, as amended from time

to time, are not required to

be filed with ROC

Sl.

No

Chapter/Section number/Sub-section(s) in the Companies

Act, 2013 and Description of the Section, under which the

changes were proposed.

Exceptions/Modifications/Adaptations, as the case

may be, as per the Notification

Remarks

9

Chapter X, Clause (g) of sub-section (3) of section 141

(Appointment of a person as a Auditor, who is already an

auditor of more than 20 Companies)

Exception/Modification:

Shall not apply in respect of appointment of

auditors by private companies.

In calculating 20 companies,

the    following         shall             be

excluded:

- One Person Companies;

- Dormant Companies;

- Small Companies; and

- Private Companies having

paid-up Share capital less

than Rs.100 Crores.

10

Chapter XI, section 160 (Right of person other than the

retiring director to stand for directorship)

Exception:

Shall not apply

Relief as to deposit of Rs.1

Lakh by the member making

the     proposal           as           to

candidature of a particular

person for directorship.

11

Chapter XI, section 162 (Appointment of Directors to be

voted individually)

Exception:

Shall not apply

Accordingly,   for a                       Private

Company, a motion for

appointment of two or more

persons as directors of the

company can be moved by a

single resolution.

12

Chapter XII, Section 180 (Restrictions on the Powers of the

Board)

Exception:

Shall not apply

The provisions of Section

180 are not applicable to

Private Companies,                               and

accordingly,      in                          case                          of

borrowingsin excess of paid‑

up capital and free reserves,

approval of members is not

required and no approval is

required for mortgaging the

properties of the Company

Sl.

No

Chapter/Section number/Sub-section(s) in the Companies

Act, 2013 and Description of the Section, under which the

changes were proposed.

Exceptions/Modifications/Adaptations, as the case

may be, as per the Notification

Remarks

13

Chapter XII, Sub-Section (2) of Section 184 (Disclosure of

Interest in a particular part and participating in the Board

meeting)

Modification/Exception:-

Shall apply with the exception that the interested

director may participate in such meeting after

disclosure of interest.

Keeping in view of the

practical     difficulties,                   the

earlier harsh restriction that

the said interested Director

shall not participate in the

Board meeting has been

relaxed, and now allowing

him to      participate in the

meeting,       after     he                     has

disclosed his interest to the

Board

14

Chapter XII, section 185 (Loans to Directors)

Modification/Adaptation/Exception:-

Shall not apply to Private Companies:

- In whose share Capital no other Body corporate

has invested any money;

- Whose borrowings from Banks/FI or other Body

Corporates is less than (a) Twice its Paid-up capital

or (b) Rs. 50 Crores, whichever is less; and

- Has not defaulted in repayment of such

borrowings, subsisting at the time of making

transactions under this section.

Benefit to closely held Private

companies   with                         small

amounts of borrowings and

who does not have any equity

investment from other Body

Corporates.

Sl.

No

Chapter/Section number/Sub-section(s) in the Companies

Act, 2013 and Description of the Section, under which the

changes were proposed.

Exceptions/Modifications/Adaptations, as the case

may be, as per the Notification

Remarks

15

Chapter XII, section 188 (Related Party Transactions)

Exception:

Shall not apply.

Total     relief    to             Private

Companies.

16

Chapter XIII, section 196, sub-section (4) and sub-section

(5)     (Appointment of MD, WTD or MGR), approval of

Member, filing of Form etc.,.)

Exception:

Shall not apply.

Exemption from obtaining of

Members approval for the

appointment, and filing of

return on appointment with

ROC.

Reason Selected

Additional details required

Demand Paid and Challan has CIN

BSR Code,      Date of Payment, Serial Number of Challan,

Amount etc..

Demand Paid and Challan has no CIN

Date of Payment, Amount, Copy of Challan (Upload copy of

challan)

Demand already reduced by

rectification or Revision

Date of order, Demand after rectification, revision, Details of

AO who has rectified or revised (Upload the copy of the order)

Demand already reduced by Appellate

Order but appeal effect to be given

Date of Order, Appellate order passed by, Reference Number of

Order

Appeal has been filed (Stay Petition

has been filed)

Date of filing of appeal, Details of CIT, Stay Petition filed..

Appeal has been filed (Stay has been

granted)

Date of filing appeal, Appeal pending with, Stay granted

(Upload the copy of stay order)

Appeal has been filed (Instalments

granted)

Date of filing appeal, Details of CIT with whom appeal is

pending, Instalment granted by (Upload the copy thereof)

Rectification or Revised return filed

at CPC

E-Acknowledgment No, Challan Copy, TDS Certificate, Letter

requesting rectification , Indemnity Bond (Upload these)

Rectification filed with AO

Date of application, other information etc

Other Reasons

Any comments of taxpayer.