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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:

Sr No

Sec.

1956 Act

2000 Act

13.

153A, 153B,

187B

&187C

Appointment of a Public Trustee

Declaration of Shares and Debentures held in trust

Exercise of voting rights in respect of shares held in trust.

Declaration of beneficial interest.

It has been omitted .

It has been omitted.

It has been omitted.

The Section does not apply with respect to section 187B.

The implication of these omissions is that the names of trustees whose names appear in the Register of Members, are the ones who can exercise the rights as Members of the Company. No Trust is recognised as per section 153 of the Act.

14.

192A new

 

Passing a resolution by Postal Ballot- Applicable only to listed Companies, and will be followed only for those matters which are notified by the Central Government. [ The section will become effective only when it is notified by the Central Government.]

The implication of this new section can be understood only when the necessary notification is issued listing the purposes.

15

209A

Inspection of books of Account

Officers of SEBI given powers of Inspection of books of Account in respect of matters referred to in section 55A. Such Inspection may be made without giving previous notice.

16.

217(2AA) new

 

The Board's Report shall also include a Director's Responsibility Statement, indicating therein:

i) that in preparation of the annual accounts, the applicable accounting standards had been followed along with proper explanation relating to material departures;

ii) that the directors had selected such accounting policies and applied them consistently and made judgements and estimates that are reasonable and prudent so as to give a true and fair view of the state of affairs of the Company at the end of the financial year and of the profit or loss of the Company for that period;

iii) that the directors had taken proper and sufficient care for the maintenance of adequate accounting records in accordance with the provisions of this act for safegaurding the assets of the Company and for preventing and detecting fraud and other irregularities;

iv) that the directors had prepared the annual accounts on a going concern basis.

By the aforesaid provision all Directors, both Whole-time and partime shall be collectively responsible for compliance with the above.

 

 

   

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