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No law perfect, new Companies Act provides for self regulation: MCA

No law perfect, new Companies Act provides for self regulation: MCA

New Act, which replaces the nearly six-decade-old legislation that governs corporates, was passed by the UPA govt Stating that no law can be considered perfect, the Corporate Affairs Ministry has said the new Companies Act provides an opportunity for self- regulation and greater transparency.


The new Act, which replaces the nearly six-decade-old legislation that governs corporates, was passed by the UPA government.

The new government has proposed as many as 14 amendments to the Companies Act, 2013 after taking into account concerns from stakeholders. The proposed changes, however, could not passed in the just concluded winter session of Parliament.

Over 60 per cent of provisions of the new law came into force from April 1 and the remaining ones are expected to be implemented in a phased manner.

In a handbook, which will be released soon, the Ministry of Corporate Affairs (MCA) has said the new law provides the corporate sector an opportunity for self-regulation, while mandating greater transparency and enhanced disclosures for improve compliance.

"While no law can be considered perfect, the Companies Act, 2013 is an attempt to modernise the earlier legal framework of 1956 by introducing features of good international corporate governance," it said.

The handbook provides a snapshot of activities done by the Ministry, including regulatory aspects.

"Of equal importance, the new legislation provides for protection of interests of investors, especially small and minority shareholders," it noted.

 Citing the Companies (Amendment) Bill, 2014, the Ministry said such measures demonstrate commitment of the government to promote an effective, robust and transparent corporate governance regime.

The Bill, cleared by Lok Sabha earlier this month, would effect as many as 14 amendments, as part of efforts to make it more easier for companies to do business in the country. However, the Bill could not be passed in the Rajya Sabha.

To address concerns, the Ministry -- which is implementing the Companies Act -- has already notified 15 amendments to various rules and issued 45 clarifications.

(Business Standard)











Lok Sabha passes the Companies (Amendment) Bill, 2014

The Lok Sabha today passed the Companies (Amendment) Bill, 2014, after Corporate Affairs Minister Arun Jaitley told the house that some of the original provisions were only posing hurdles to doing business in the country.
"The object of these amendments is solely to ease the process of doing business in India. None of them have any ulterior motive," Jaitley, who also holds the finance portfolio, said replying to the debate on amending the Companies Act, 2013.
"Some of its provisions would have made doing business in India extremely difficult and the investment environment in the country would be disrupted by such a law," he added.
The amendments to the Companies Act, 2013, which came into effect from April 1 this year, have been proposed in order to address some issues raised by stakeholders.
Among the major concerns of stakeholders were protecting confidentiality of board resolutions, as well as the provision of auditors being required to report suspected frauds at the companies audited by them.
Citing the provision on the public scrutiny of board resolutions, Jaitley said that nowhere in the world was such a practice being followed.
"A company deciding in its board on its next model, a new product trademark or the funding mechanism would not like such matters to be known to competitors," Jaitley said.
Towards meeting a "corporate demand", the relevant amendment now prohibits public inspection of board resolutions filed in the registry.
Under the new norms, the paid-up capital criteria has been scrapped while threshold limits for various transactions for getting shareholders' nod has now been stipulated.
Another amendment approves prescribing specific punishment for deposits accepted, a condition that was left out in the act inadvertently.
"While enforcing the provision, we found that there were certain difficulties with regard to the enforcement of certain provisions or certain errors, while drafting had taken place," Jaitley said earlier, regarding the scope of the present amendments.
Stakeholders were also concerned that stringent regulations for related party transactions, or those transactions between the company and another in which a board member or members are interested, could hurt routine business activity.
The amendment also proposes to exempt corporates from the need to get shareholders' nod in the case of related party transactions valued lower than Rs.100 crore or 10 percent of net worth.
Under the old system, shareholders' permission through a special resolution was required in case of related party transactions for all firms with a paid up capital of Rs.10 crore or more.
Another amendment exempts related party transactions between holding companies and wholly owned subsidiaries from the requirement of approval of non-related shareholders.
Intervening in the debate, leader of the Congress party in the Lok Sabha, Mallikarjun Kharge, said the bill should be referred to the Standing Committee for re-examination in line with the practice in the past.

TAGS: Lok Sabha passes the Companies (Amendment) Bill, 2014,  Companies (Amendment) Bill, 2014

IANS

Due Date for filing ST-3 extended to 14th November, 2014


F.No.137/99/2011-Service Tax
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
***

New Delhi, the 24th October, 2014
                                            
ORDER NO. 02/2014-SERVICE TAX

            In exercise of the powers conferred by sub-rule (4) of rule 7 of the Service Tax Rules, 1994, the Central Board of Excise & Customs hereby extends the date of submission of the  Form ST-3  for the period from 1st April 2014 to 30th September 2014, from 25th October, 2014 to  14th November, 2014.
            The circumstances of a special nature, which have given rise to this extension of time, are as follows:  
            “Natural calamities in certain parts of the country.”

 Himani Bhayana
Under Secretary (Service Tax)
Central Board of Excise and Customs


To
All Principal Chief Commissioners of Central Excise
Principal Directors General Service Tax /Central Excise Intelligence/Systems
Director General of Audit
All Principal Commissioners of Service Tax/Central Excise
All Commissioners of Service Tax/Central Excise
All Commissioners LTU
All Principal Additional Directors General Systems
All Additional Directors General Systems





Extension of Due date of deposit of TDS / TCS for September 2014 to October 10, 2014

The last date for deposit of Tax Deducted at Source (TDS) has been extended by three days to October 10 due to festivals. 

"The Central Board of Direct Taxes (CBDT) has issued an order to extend the last date of deposit of tax deducted at source/tax collected at source during the month of September, 2014 from October 7 to October 10 without entailing any consequential interest," an official statement said. 


The extension has been given considering the consecutive holidays owing to the festive season and weekend during the first week in the month of October, 2014, it added. 

However, the due date for filing of TDS/TCS statements for the second quarter of the 2014-15 fiscal shall remain the same.

The Press Release issued by CBDT is as follows :-

F.No. 385/10/2014-IT(B)
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
PRESS RELEASE

1st October, 2014

Extension of the due date of deposit of tax deducted at source/tax collected at source during the month of September, 2014.
Considering the consecutive holidays owing to the festive season and weekend during the first Week in the month of October, 2014, the Central Board of Direct Taxes has issued an order to extend the last date of deposit of tax deducted at source/tax collected at source during the month of September, 2014 from 7th October, 2014 to 10th October, 2014 without entailing any consequential interest.

  1. However, the due date for filing of TDS/TCS statements for the 2nd Quarter of the F.Y. 2014-15 shall remain the same.
(Rekha Shukla)
Commissioner of Income Tax
(Media & Technical Policy)
Official Spokesperson, CBDT

RESULT OF COMPANY SECRETARIES EXAMINATIONS JUNE, 2014

RESULT OF COMPANY SECRETARIES  EXAMINATIONS JUNE, 2014

PROFESSIONAL PROGRAMME

The result of CS Professional Programme Examination (Old and New Syllabus)
held in June, 2014 will be declared on Monday, the 25th August, 2014 at 11.00 A.M.  The result along with candidates’ individual subject-wise break-up of marks will be available on the Institute’s website: www.icsi.edu on declaration of the result. The Result-cum-Marks Statement of Professional Programme Examination will be dispatched to the candidates immediately after declaration of the result. In case the physical copy of Result-cum-Marks Statement is not received by any candidate within 30 days of declaration of result, such candidate may contact the Institute at: 
exam@icsi.edu along with his/her particulars. 

EXECUTIVE PROGRAMME

The result of CS Executive Programme Examination (Old and New Syllabus) held in June, 2014 will be declared on Monday, the 25th August, 2014 at 02.00 P.M. The result along with candidates’ individual subject-wise break-up of marks will be available on the Institute’s website: www.icsi.edu on declaration of the result. Formal e-Result-cum-Marks Statement of Executive Programme Examination will be uploaded on the website of the Institute: www.icsi.edu for downloading by candidates for their reference, use and records. However, no physical copy of Result-cum-Marks Statement will be issued. 

Note: The students may also get their result through e-mail by registering 
themselves in advance for the purpose on the Institute’s website: www.icsi.edu

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