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Companies (Amendment) Act, 2000 (an analysis)

The Companies (Amendment) Act, 2000 came into force w.e.f. December 14,2000 and has made noticeable amendments to the Companies Act, 1956. An analysis of important provisions of the Companies (Amendment) Act, 2000 is given hereunder:

Sr No

Sec.

1956 Act

2000 Act

1.

2.

2

Definitions

Section 86-Provided for-

(a) Equity Share Capital-

(b) Preference Share Capital

Definitions

Additions: Inclusions of 11 more terms, out of which the important ones alongwith their implications are:

1.1 Dividend : the scope of Dividend has been enlarged, by including interim Dividend-

The earlier Section 205 did not provide for the payment of interim dividend. It could be declared by the Board of Directors in their meeting and withdrawn subsequently. It was never a debt against the Company.

But now the new sub-section (1A) to 205 provides that the Board of Directors may declare interim dividend and that the Company should deposit the dividend including interim dividend within 5 days from such declaration in a separate Bank Account.( This stipulation of depositing the dividend declared was not there earlier.) And by virtue of sub-section (1C) an interim dividend is in no way different from the final dividend.( Except for authority of declaration)

Section 205A: The dividend has to be paid within 30 days from the date of declaration.( The earlier period of 42 days has now been reduced to 30 days)

[Computation of distributable Profits for interim dividend shall be like that of final dividend]

Sec-207- Every Director who is knowingly a party to the default in distribution of dividend within 30 days shall be liable to imprisonment for a period of three years and monetary penalty to Rs.1000 per day so long as the default continues. Simple interest of 18% p. a. is payable where the default in payment of dividend continues.

The Share Capital shall now be of two types:

(a) Equity Share Capital-

  1. with voting rights

  2. with differential rights as to dividend, voting or otherwise in accordance with such rules and subject to such conditions as may be prescribed.

(b) Preference Share Capital

In order to understand the implication of this amendment, rules and regulations which will be prescribed by the Central Government in this regard have to be seen.

 

 

   

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