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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:
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Sr
No
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Sec.
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1956
Act
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2000
Act
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6.
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43A
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Deemed
Public Companies
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6)
By the new Sub-section (2A) to this Section, such
Companies shall inform the Registrar that they
have become Private Companies.
Sub-section
(11) to the Section provides that nothing contained
in this section, except sub-section (2A) shall
apply on and after the commencement of this Act.
[
The object of this provision is to wipe out the
Category of Deemed Public Companies and bring
them under the category of Private Limited Companies.
Though this is a welcome measure, as it would
free the Deemed Public Companies from the compliance
of many provisions applicable only to a Public
Company]
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7
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55A
(new)
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Powers
have been vested with SEBI, so far as the matters
relate to issue and transfer of securities &
payment of dividend, in the case of listed Public
Companies.
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8
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58AA(new)
58AAA
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A
new term 'small deposittor' and their rights has
been included. A small depositor is one whose
deposits in a Company are less than Rs.20,000
in a year.
Important
fact to be noted here, is any bank loan obtained
for working capital after accepting such deposits
are first to be applied for the repayment of such
deposit or interest thereof, before applying them
for any other purpose.
Offence
under the section to be treated as cognizable
offence, under the Code of Criminal Procedure.
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