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Recent Developments in Companies Act, 2013

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Presentation on theme: "Recent Developments in Companies Act, 2013"— Presentation transcript:

1 Recent Developments in Companies Act, 2013
CS. Devendra V Deshpande Company Secretary

2 Topics Covered Directors Disqualification, Revival of Companies & Activation Significant Beneficial Ownership Demat of Shares of Public Companies Section 185 DIR 3 – KYC and Filing DPT 3 – Notification MSME Notifications Section 465 Adjudication and penalty Company Active Form – 22A

3 Disqualification revival and Activation
Disqualified in which Company? Vacation in which Company? Can it be removed and effect of CODS after revival of the Company? Whether DIR 3 KYC non filing is disqualification? Revival of Companies current scenario Date of Annual General Meeting for after revival Compounding 1 Director on /

4 SBO Significant beneficial Ownership Section 89 and Section 90
10% Calculation Finding an Individual BEN 1 and BEN 2 filing

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6 Demat of Shares Whether Mandatory?
Cut off date and Further issue / transfer of shares Demat of Shares with NSDL / CDSL Half yearly return Exemptions

7 Section 185 Individual Director Firms of Director
Companies / Body Corporate in which the Director is Interested LLP Effect of exemption notification dated

8 DIR 3 KYC Annual Compliance Attachments – Latest Utility Bills
Validity of documents attested Effect of non KYC Annual Filing with non KYC DIN Resignation / demise of Director without KYC

9 DPT 3 Deposits / Exempted Deposits / Both One Time Return
Annual Return Applicable to All Companies Outstanding period for One time Return VIMP What is to be included in amount not being a deposit (Tricky points)

10 MSME 2 Compliances 2 kinds of Companies are specified
1 for Registration and other for half yearly Return Section 9 of MSME

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12 Section 465 30.01.2019 Repeal of Companies Act, 1956
Section 67 of LLP Act Producer Companies Provisions Saving of earlier provisions of repealed enactments

13 The Companies (Amendment) Ordinance, 2018
Fine and Penalty Whether it is Effective? Whether the forms are amended or introduced? Verification of Registered Office Commencement of Business Valuer

14 Adjudication and penalty
ROC to be adjudication officer 1st Notice 15 – 30 days Reply in E mode – extension 15 days Hearing and appearance within 10 days Penalty would be imposed Appeal to RD – 60 days

15 FORM 22A – ACTIVE COMPANY Prefill Correct the data email etc
Disqualified / non active Directors then cant be filed NO KMP including CS – can not be filed Geo Tagging If not filed then penalty and Company would not be able to file forms with MCA

16 Geo tagging

17 Any questions ? Thank you DVD:


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