As government revisits all economic laws, decriminalisation experts have called for a calibrated approach to ensure we don't end with toothless legislations and maintain the standards
The corporate affairs ministry will now notify separately when various provisions would be coming into force, according to an official
Around 48 sections of the Companies Act, 2013 are being amended to decriminalise various offences
In a written reply to the Rajya Sabha, Minister of State for Corporate Affairs Anurag Singh Thakur also said the term "shell company" is not defined under the Companies Act
In a move that will help lessen the burden on the National Company Law Tribunal (NCLT), the government has notified the rules for winding up of companies under the companies law. The Corporate Affairs Ministry has notified the Companies (Winding Up) Rules, 2020, which would be effective from April 1. Petitions for winding up of companies are subject to various conditions, including thresholds on turnover and paid-up capital. Akila Agrawal, Partner & Head (M&A) at law firm Cyril Amarchand Mangaldas, said the rules seek to inter-alia reduce the burden of the NCLT by enabling summary procedures for liquidation to be filed with the central government. "Though the draft rules had made this available only for small companies, the final rules make it available to companies that have assets of book value not exceeding Rs 1 crore; and have not taken deposits beyond Rs 25 lakh or have no secured loans beyond Rs 50 lakh or turnover beyond Rs 50 crore or paid up capital beyond Rs 1 ...
The proposal to make violation of the requirements under Section 8 punishable only with fines is also being widely debated
The offences punishable with imprisonment, a fine, or both are compoundable, and offences punishable with imprisonment and a fine are non-compoundable
The corporate affairs ministry has issued amendments to the significant beneficial owners rules under the Companies Act, 2013