Agency overview | |
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Jurisdiction | Government of India |
Headquarters | Shastri Bhawan, New Delhi, India |
Agency executives |
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Website | www |
The Ministry of Corporate Affairs is an Indian government ministry primarily concerned with administration of the Companies Act 2013, the Companies Act 1956, the Limited Liability Partnership Act, 2008, and the Insolvency and Bankruptcy Code, 2016. [1]
It is responsible mainly for the regulation of Indian enterprises in the industrial and services sector. The ministry is mostly run by civil servants of the ICLS cadre. These officers are selected through the Civil Services Examination conducted by Union Public Service Commission. The highest post, Director General of Corporate Affairs (DGCoA), is fixed at Apex Scale for the ICLS. The current minister is Nirmala Sitaraman.
The ministry administers the following acts:
In August 2013, The Companies Act, 2013 was passed to regulate corporations by increasing responsibilities of corporate executives and is intended to avoid the accounting scandals such as the Satyam scandal which have plagued India. [2] It replaces The Companies Act, 1956 which has proven outmoded in terms of handling 21st century problems. [3]
The Ministry has constituted a Committee for framing of National Competition Policy (India) and related matters (formulate amendments in the Act) under the Chairmanship of Dhanendra Kumar, former chairman of Competition Commission of India. [4] [5]
# | Name | Portrait | Term of office | Duration | Political party (Alliance) | Prime Minister | |||
---|---|---|---|---|---|---|---|---|---|
1 | R. K. Shanmukham Chetty | 15 August 1947 | 1949 | 1 year, 139 days | Indian National Congress | Jawaharlal Nehru | |||
2 | John Mathai | 1949 | 1950 | 1 year, 0 days | |||||
3 | C. D. Deshmukh | 29 May 1950 | 1957 | 6 years, 217 days | |||||
4 | T. T. Krishnamachari | 1957 | 13 February 1958 | 1 year, 43 days | |||||
5 | Jawaharlal Nehru | 13 February 1958 | 13 March 1958 | 28 days | |||||
6 | Morarji Desai | 13 March 1958 | 29 August 1963 | 5 years, 169 days | |||||
7 | T. T. Krishnamachari | 29 August 1963 | 1965 | 1 year, 125 days | Jawaharlal Nehru Lal Bahadur Shastri | ||||
8 | Sachindra Chaudhuri | 1965 | 13 March 1967 | 2 years, 71 days | Lal Bahadur Shastri Indira Gandhi | ||||
9 | Indira Gandhi | 1967 | 1971 | 4 years, 0 days | Indira Gandhi | ||||
10 | Yashwantrao Chavan | 1971 | 1975 | 4 years, 0 days | |||||
11 | Chidambaram Subramaniam | 1975 | 1977 | 2 years, 0 days | |||||
12 | Haribhai M. Patel | 24 March 1977 | 24 January 1979 | 1 year, 306 days | Janata Party | Morarji Desai | |||
13 | Charan Singh | 24 January 1979 | 28 July 1979 | 185 days | |||||
14 | Hemvati Nandan Bahuguna | 28 July 1979 | 14 January 1980 | 170 days | Janata Party (Secular) | Charan Singh | |||
15 | R. Venkataraman | 14 January 1980 | 15 January 1982 | 2 years, 1 day | Indian National Congress | Indira Gandhi | |||
16 | Pranab Mukherjee | 15 January 1982 | 31 December 1984 | 2 years, 351 days | |||||
17 | V. P. Singh | 31 December 1984 | 24 January 1987 | 2 years, 24 days | Rajiv Gandhi | ||||
18 | Rajiv Gandhi | 24 January 1987 | 25 July 1987 | 182 days | |||||
19 | N. D. Tiwari | 25 July 1987 | 25 June 1988 | 336 days | |||||
20 | Shankarrao Chavan | 25 June 1988 | 2 December 1989 | 1 year, 160 days | |||||
21 | Madhu Dandavate | 2 December 1989 | 10 November 1990 | 343 days | Janata Dal (National Front) | V. P. Singh | |||
22 | Yashwant Sinha | 10 November 1990 | 21 June 1991 | 223 days | Samajwadi Janata Party (National Front) | Chandra Shekhar | |||
23 | Manmohan Singh | 21 June 1991 | 16 May 1996 | 4 years, 330 days | Indian National Congress | P. V. Narasimha Rao | |||
24 | Jaswant Singh | 16 May 1996 | 1 June 1996 | 16 days | Bharatiya Janata Party | Atal Bihari Vajpayee | |||
25 | P. Chidambaram | 1 June 1996 | 21 April 1997 | 324 days | Tamil Maanila Congress (United Front) | H. D. Deve Gowda | |||
26 | I.K. Gujral | 21 April 1997 | 22 May 2004 | 7 years, 31 days | Janata Dal (United Front) | I. K. Gujral | |||
27 | Prem Chand Gupta | 22 May 2004 | 30 November 2008 | 4 years, 192 days | Indian National Congress (United Progressive Alliance) | Manmohan Singh | |||
28 | H. R. Bhardwaj | 30 November 2008 | 24 January 2009 | 55 days | |||||
29 | Veerappa Moily | 26 June 2012 | 31 July 2012 | 35 days | |||||
30 | Sachin Pilot | 31 July 2012 | 26 May 2014 | 1 year, 299 days | |||||
31 | Arun Jaitley | 26 May 2014 | 30 May 2019 | 5 years, 4 days | Bharatiya Janata Party (National Democratic Alliance) | Narendra Modi | |||
33 | Nirmala Sitharaman | 30 May 2019 | Incumbent | 5 years, 144 days |
Minister of state | Portrait | Political party | Term | Days | ||
---|---|---|---|---|---|---|
Bedabrata Barua | Indian National Congress | 1969 | 1970 | 1 year | ||
Nirmala Sitharaman | Bharatiya Janata Party | 26 May 2014 | 9 November 2014 | 167 days | ||
Arjun Ram Meghwal | 5 July 2016 | 3 September 2017 | 1 year, 60 days | |||
P. P. Chaudhary | 3 September 2017 | 30 May 2019 | 1 year, 269 days | |||
Anurag Thakur | 30 May 2019 | 7 July 2021 | 5 years, 144 days | |||
Rao Inderjit Singh | 7 July 2021 | Incumbent | 3 years, 106 days |
In a limited company, the liability of members or subscribers of the company is limited to what they have invested or guaranteed to the company. Limited companies may be limited by shares or by guarantee. In a company limited by shares, the liability of members is limited to the unpaid value of shares. In a company limited by guarantee, the liability of owners is limited to such amount as the owners may undertake to contribute to the assets of the company, in the event of being wound up. The former may be further divided in public companies and private companies. Who may become a member of a private limited company is restricted by law and by the company's rules. In contrast, anyone may buy shares in a public limited company.
A limited liability partnership (LLP) is a partnership in which some or all partners have limited liabilities. It therefore can exhibit aspects of both partnerships and corporations. In an LLP, each partner is not responsible or liable for another partner's misconduct or negligence. This distinguishes an LLP from a traditional partnership under the UK Partnership Act 1890, in which each partner has joint liability. In an LLP, some or all partners have a form of limited liability similar to that of the shareholders of a corporation. Depending on the jurisdiction, however, the limited liability may extend only to the negligence or misconduct of the other partners, and the partners may be personally liable for other liabilities of the firm or partners.
Corporate law is the body of law governing the rights, relations, and conduct of persons, companies, organizations and businesses. The term refers to the legal practice of law relating to corporations, or to the theory of corporations. Corporate law often describes the law relating to matters which derive directly from the life-cycle of a corporation. It thus encompasses the formation, funding, governance, and death of a corporation.
Bankruptcy in the United Kingdom is divided into separate local regimes for England and Wales, for Northern Ireland, and for Scotland. There is also a UK insolvency law which applies across the United Kingdom, since bankruptcy refers only to insolvency of individuals and partnerships. Other procedures, for example administration and liquidation, apply to insolvent companies. However, the term 'bankruptcy' is often used when referring to insolvent companies in the general media.
The Institute of Chartered Accountants of India, abbreviated as ICAI, is India's largest professional accounting body under the administrative control of Ministry of Corporate Affairs, Government of India. It was established on 1 July 1949 as a statutory body under the Chartered Accountants Act, 1949 enacted by the Parliament for promotion, development and regulation of the profession of Chartered Accountancy in India.
The Institute of Cost Accountants of India (ICMAI), which was previously known as The Institute of Cost & Works Accountants of India (ICWAI) is a professional accountancy body in India. It is under the ownership of the Ministry of Corporate Affairs of the Government of India. It has as its prime responsibility to contribute to the cost and management accounting profession at the global level.
The Companies Act 1956 was an Act of the Parliament of India, enacted in 1956, which enabled companies to be formed by registration, and set out the responsibilities of companies, their directors and secretaries. It was repealed and replaced by the Companies Act 2013.
The Registrar of Companies (ROC) is an office under the Indian Ministry of Corporate Affairs that deals with administration of the Companies Act, 2013, The Limited Liability Partnership Act, 2008, The Company Secretaries Act, 1980 and The Chartered Accountants Act, 1949. These officers are from Indian Corporate Law Service cadre. 'ICLS' is an organised Group A service recruitment of which is done by UPSC through Civil Service Examination since 2009 along with other services like IRS, IAS & IPS etc. There are currently 25 Registrars of Companies (ROC) operating from offices in all major states of India. Some states, such as Maharashtra and Tamil Nadu, have two ROCs each. Also in some places unified ROC offices staffed by senior Group A ICLS officers are located in capital cities like Jammu and Srinagar. Section 609 of the Companies Act, 1956 tasks the ROCs with the primary duty of registering companies and LLPs floated in the respective states and the union territories under their administration.
Indian Accounting Standard (abbreviated as Ind_AS) is the accounting standard adopted by companies in India and issued under the supervision of Accounting Standards Board (ASB) which was constituted as a body in the year 1977. ASB is a committee under Institute of Chartered Accountants of India (ICAI) which consists of representatives from government department, academics, other professional bodies viz. ICAI, representatives from ASSOCHAM, CII, FICCI, etc. ICAI is an independent body formed under an act of parliament.
The Corporate Affairs Commission (CAC) of Nigeria was established in 1990 vide Companies and Allied Matters Act no 1 (CAMA) 1990 as amended, now on Act cap C20 Laws of Federation of Nigeria. Its establishment, structure, and funding are now governed by the Companies and Allied Matters Act 2020 It is an autonomous body charged with the responsibility to regulate the formation and management of companies in Nigeria. It carries out its functions through accredited members of Association of National Accountants of Nigeria, Institute of Chartered Accountants of Nigeria, Institute of Chartered Secretaries and Administrators of Nigeria (ICSAN), and the Nigerian Bar Association (NBA). It is headed by a Registrar-General. Prior to the enactment of CAMA, these activities were carried on under the Companies Act 1968.
The Limited Liability Partnership Act, 2008 was enacted by the Parliament of India to introduce and legally sanction the concept of LLP in India. Unlike the general partnerships in India, LLP is a body corporate and legal entity separate from its partners, have Perpetual succession and any change in the partners of an LLP shall not affect the existence, rights or liabilities of the LLP.
The Indian Corporate Law Service (Hindi: भारतीय कॉरपोरेट विधि सेवा), abbreviated as ICLS, is one of the Central Civil Services and it functions under the Ministry of Corporate Affairs, Government of India. The service is entrusted with the responsibility of the implementation of Companies Act,1956(now repealed), Companies Act, 2013 and The Limited liability Partnership Act, 2008.
The Companies Act 2013 is an Act of the Parliament of India which forms the primary source of Indian company law. It received presidential assent on 29 August 2013, and largely superseded the Companies Act 1956.
The National Company Law Tribunal (NCLT) is a quasi-judicial body in India that adjudicates issues relating to Indian companies. The tribunal, established under the Companies Act 2013, was constituted on 1 June 2016 by the government of India and is based on the recommendation of the V. Balakrishna Eradi committee on law relating to the insolvency and the winding up of companies.
Indian company law regulates corporations formed under Section 2(20) of the Indian Companies Act of 2013, superseding the Companies Act of 1956.
The Indian Institute of Corporate Affairs (IICA) is a central civil service training institute under the jurisdiction of Ministry of Corporate Affairs, Government of India for the central civil servants of the Indian Corporate Law Service cadre.
Auditing in India is a system of independently reviewing the records/activities and expressing an opinion thereon.
The Insolvency and Bankruptcy Code, 2016 (IBC) is an Indian law which creates a consolidated framework that governs insolvency and bankruptcy proceedings for companies, partnership firms, and individuals.
The Insolvency and Bankruptcy Board of India (IBBI) is the regulator for overseeing insolvency proceedings and entities like Insolvency Professional Agencies (IPA), Insolvency Professionals (IP) and Information Utilities (IU) in India. It was established on 1 October 2016 and given statutory powers through the Insolvency and Bankruptcy Code, which was passed by Lok Sabha on 5 May 2016. It covers Individuals, Companies, Limited Liability Partnerships and Partnership firms. The new code will speed up the resolution process for stressed assets in the country. It attempts to simplify the process of insolvency and bankruptcy proceedings. It handles the cases using two tribunals like NCLT and Debt recovery tribunal.
The National Company Law Appellate Tribunal (NCLAT) is a tribunal which was formed by the Central Government of India under Section 410 of the Companies Act, 2013. The NCLAT was formed as a body with an appellate jurisdiction at the same time when NCLT was established as a major reform as per powers granted to the Ministry of Corporate Affairs in India,