Clarification regarding applicability of Companies (Acceptance of Deposits) Rules, 2014

Deposits under Section 58A of the Companies Act, 1956 :

Any amounts received by private companies from  their members, directors or their relatives prior to 1st April, 2014 shall not be considered as deposits under the Companies Act, 2013 as such amounts were not treated as 'deposits' under section 58A of the Companies Act, 1956 and rules made thereunder.

Disclosure in the financial statements :

Any amounts received by private companies prior to 1st April, 20l4 shall not be treated as 'deposits' under the Companies Act,2013 and Companies (Acceptance of Deposits) Rules, 2014 subject to the condition that relevant private company shall disclose, in the notes to its financial statement for the financial year commencing on or after 1st April, 2014 the figure of such amounts and the accounting head in which such amounts have been shown in the financial statement. 

Deposits under the Companies Act, 2013: 

Any renewal or acceptance of fresh deposits on or after 1st April, 2014 shall, however, be in accordance with the provisions of Companies Act, 2013 and rules made thereunder.

Source: General Circular No. 5/2015, dated 30th March, 2015

Appointment of RoCs as adjudicating officers with jurisdiction and their appellate authorities u/s 454 of CA 2013

Notification

This notification shall come into force with immediate effect

Summary
ln exercise of the powers conferred by section 454 of the Companies Act, 20l3 (18 of 20l3) read with the Companies (Adjudication of Penalties) Rules, 2014, the Central Government hereby appoints following Registrars of Companies as adjudicating officers for the purposes of this Act in respect of jurisdictions indicated against each Registrar.

1. Registrar of Companies, Delhi Union territory of Delhi and whole State of Haryana.
2. Registrar of Companies, Chandigarh Whole State of Punjab and Union territory of Chandigarh.
3. Registrar of Companies, Kanpur Whole State of Uttar Pradesh
4. Registrar of Companies -cum-Official Liouidator. Nanital whole State of Uttarakhand
5. Registrar of Companies -cum-Official Liquidator, Jammu whole State of Jammu and Kashmir.
6. Registrar of Companies -cum-Official Liquidator, Shimla whole State of Himachal Pradesh '
7. Registrar of Companies, Kolkata Whole State of West Bengal.
8. Registrar of Companies -cum-Official Liquidator. Patna Whole State of Bihar.
9. Registrar of companies -cum-official Liquidator. Cuttack Whole State of Orissa.
10. Registrar of Companies -cum-Official Liquidator- Ranchi Whole State of Jharkhand.
ll Registrar of Companies, Shillong whole States of Assam, Meghalaya, Manipur, Tripura, Mizoram. Nasaland and Arunachal Pradesh.
12. Registrar of Companies, Chennai (i) Whole State of Tamil Nadu except Coimbatore, Dharmapuri, Dindigul, Erode, Krishnagiri, Namakkal, Nilgiris, Salem, Tiruppur districts. (ii) Union territory of Andaman and Nicobar lslands
13. Registrar of Companies, Coimbatore Coimbatore, Dharmapuri, Dindigul, Erode, Krishnagiri, Namak:kal, Nilgiris, Salem, Tiuppur districts the State of Tamil Nadu.
14. Registrar of Companies, Puducherry Union territory of Puducherry
15. Registrar of Companies, Ernakulam Whole State of Kerala and Union teritory of Lakshadweep Islands.
16. Registrar of Companies, Hyderabad Whole Slales of Andhra Pradesh and Telangana.
17. Registrar of Companies, Bangalore Whole State of Karnataka.
18. Registrar of Companies, Mumbai Whole State of Maharashtra except Pune, Ahmednagar, Kolhapur, Solapur, Satara, Sangli, Ratnagiri, Sindhudug.
19. Registrar of Companies, Pune Pune, Ahmednagar, Kolhapur, Solapur, Satara, Sangli, Ratnagiri, Sindhudurg districts the State of Maharashtra.
20. Registrar of Companies -cum-Official Liquidator, Goa Whole State of Goa and Union territory of Daman and Diu.
21. Registrar of Companies, Ahmedabad Whole State of Gujarat and Union tenitory of Dadra and Nasar Haveli.
22. Registrar of Companies, Gwalior Whole State of Madhya Pradesh.
23. Registrar of Companies -cum-Ofncial Liquidator, Bilaspur Whole State of Chhattisgarh.
Registrar of Companies -cum-Official Liquidator, Jaipur Whole State of Rajasthan.

The Appeals, if any, filed before the concerned Regional Director having jurisdiction over the adjudicating offices shall be disposed of in accordance with the notifications, dated the 14th December, 2011 and  dated the l5th October, 2012

Extension of validity period for names reserved as on 31st March, 2014

General Circular no. 13/2014, Dated- Date: 23.05.2014 

In continuation of the General Circular No.11/2014 dated 12.05.2014, approval of the Competent Authority is hereby conveyed to extend continuity of all reserved names as on 31^st March, 2014 for another fifteen days  period from the date of issue of this circular.

This issues with approval of Competent Authority.

Click here for General Circular No. 13/2014

Companies Act 2013 applicable for CS December 2014 exams (Old Syllabus)

ATTENTION STUDENTS OF EXECUTIVE AND PROFESSIONAL 

PROGRAMMES 

(Old Syllabus) 

Applicability of the Companies Act, 2013 for Executive Programme Examination, December 2014 and Professional Programme Examinations December 2014 and June 2015

It is informed that the provisions of the Companies Act, 2013 and the rules and regulations made thereunder shall be applicable for Examinations from December, 2014 onwards. This means that the question papers of the following subjects of Executive and Professional Programme (Old Syllabus) shall carry questions from the Companies Act, 2013 instead of the Companies Act, 1956:

Executive Programme

1. Company Accounts, Cost and Management Accounting (Module I , Paper 2)
2. Company Law (Module II, Paper 4)
3. Securities Laws and Compliances (Module II, Paper 6)

Professional Programme

1. Company Secretarial Practice (Module I, Paper 1)
2. Drafting, Appearances and Pleadings (Module I, Paper 2)
3. Corporate Restructuring and Insolvency (Module II, Paper 4)
4. Due Diligence and Corporate Compliance Management (Module IV , Paper 7)
5. Governance, Business Ethics and Sustainability (Module IV, Paper 8)

Other subjects of Executive and Professional Programme that has reference to Companies Act, 1956 should be read in line with Companies Act, 2013.

Please note that all the provisions of the Companies Act, 2013 may or may not have come into effect on the date of Examination.

Nevertheless, question papers will carry questions from the Companies Act, 2013 only and not the Companies Act, 1956.

Students can have access to Reading Material on the Companies Act, 2013 uploaded on ICSI Website under the Head ‘Academic Corner’ at the link.

Source: ICSI