Companies (1st Amendment) Act, 2015

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The Companies (Amendment) Act, 2015, of India, was granted the assent of the President on May 25, 2015, but was published in the Official Gazette on May 26, 2015. [1] This Amendment aims to swiftly bridge some of the most pressing concerns of stakeholders such as the need to align business exigencies with certain actions deemed punishable with criminal law under the original Act of 1956 but not yet amended in the new Companies Act of 2013. [2]

Contents

The amended provisions of the new Act have done away with the requirement of minimum capital to establish a company. Under the original Act, every company required certain amounts of paid-up capital; a private company needed ₹100,000 (1 lakh) and a public company required ₹500,000 (5 lakh) as minimum paid-up capital to apply for incorporation. However, the Amendment of 2015 abolished these limits in order to increase India's ease of doing business rankings. The Amendment of 2015 also permitted substitution of company seals with Director signatures to sign company documents. [3]

History

Prior to being passed as an Act, the Companies (Amendment) Act was passed in the Lok Sabha as the Companies (Amendment) Bill on December 17, 2014. Later, specific provisions were revised on the recommendations of the Ministry of Corporate Affairs. [4]

Key Changes Introduced by the Companies (Amendment) Act, 2015

Impact

This Amendment was one of the first steps toward easing restrictions and decriminalising regulations for companies and businesses in general. However, private placement processes for closely related companies, granting specific exemptions for insider trading to private companies, granting of stock options to promoters in the instance of a private limited company, etc., remain in contention and are still being addressed. [9]

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A holding company is a company whose primary business is holding a controlling interest in the securities of other companies. A holding company usually does not produce goods or services itself. Its purpose is to own shares of other companies to form a corporate group.

<span class="mw-page-title-main">Annual general meeting</span> Meeting of the general membership of an organization

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<span class="mw-page-title-main">Limited liability partnership</span> Partnership in which some or all partners (depending on the jurisdiction) have limited liabilities

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<span class="mw-page-title-main">Private limited company</span> Type of company used in many jurisdictions

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<span class="mw-page-title-main">Companies Act 2006</span> British statute

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<span class="mw-page-title-main">Corporate tax in the United States</span>

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Indian Depository Receipt (IDR) is a financial instrument denominated in Indian Rupees in the form of a depository receipt. The IDR is a specific Indian version of the similar global depository receipts.

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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.

<span class="mw-page-title-main">Panchayats (Extension to Scheduled Areas) Act, 1996</span> 244(A)

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<span class="mw-page-title-main">British Virgin Islands company law</span>

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<span class="mw-page-title-main">Indian company law</span>

Indian company law regulates corporations formed under Section 2(20) of the Indian Companies Act of 2013, superseding the Companies Act of 1956.

SFB are a type of niche banks in India. Banks with a small finance bank (SFB) license can provide basic banking service of acceptance of deposits and lending. The aim behind these is to provide financial inclusion to sections of the economy not being served by other banks, such as small business units, small and marginal farmers, micro and small industries and unorganised sector entities.

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References

  1. "THE COMPANIES (AMENDMENT) ACT, 2015" (PDF).{{cite web}}: CS1 maint: url-status (link)
  2. Pandya, Param (2015-10-01). "Scrutinizing Companies (Amendment) Act, 2015". Rochester, NY. SSRN   2967690.{{cite journal}}: Cite journal requires |journal= (help)
  3. "Reforms under Companies Act, 2013 for Ease of Doing Business" (PDF).{{cite web}}: CS1 maint: url-status (link)
  4. "The Companies (Amendment) Bill, 2014". PRS Legislative Research. Retrieved 2021-10-29.
  5. "Highlights of Companies (Amendment) Act, 2015" (PDF).{{cite web}}: CS1 maint: url-status (link)
  6. "COMPANIES (AMENDMENT) ACT, 2015" (PDF).{{cite web}}: CS1 maint: url-status (link)
  7. Khaitan; Narsana, Co-Bhavik; Dwivedi, Shweta; Govil, Avantika (2015-06-30). "Companies (Amendment) Act, 2015: key highlights". Lexology. Retrieved 2021-10-29.
  8. "India - The Companies (Amendment) Act, 2015 | Conventus Law". www.conventuslaw.com. Retrieved 2021-10-29.
  9. "Companies (Amendment) Act, 2015: Key Highlights - Corporate/Commercial Law - India". www.mondaq.com. Retrieved 2021-10-29.