Annual Return (Sec. 92 of CA 2013) Provisions Amended w.e.f. 05.03.2021

Annual Return Provisions Amended w.e.f. 05.03.2021

Section 92 – Annual Return of Companies Act, 2013

Ministry of Corporate Affairs (MCA) vide notification no. / gazette id no. CG-DL-E-08032021-225710 and F. No. 1/1/2018-CL.I dated 05th March, 2021 has amended Section 92 of the Companies Act, 2013 related to Annual Return and the Central Government hereby appoints the day of 05 March, 2021 as the date on which the provisions of section 23 (i) of Companies (Amendment) Act, 2017, shall come into force.

Section 23 (i) of Companies (Amendment) Act, 2017

                                                                                                                        Amendment of section 92 (1)

(1) Every company shall prepare a return (hereinafter referred to as the annual return) in the prescribed form containing the particulars as they stood on the close of the financial year regarding—

Clause (c) its indebtedness  – [Omitted]

in clause (j), the words “indicating their names, addresses, countries of incorporation, registration and percentage of shareholding held by them” shall be omitted;

Clause (j) details, as may be prescribed, in respect of shares held by or on behalf of the Foreign Institutional Investors “indicating their names, addresses, countries of incorporation, registration and percentage of shareholding held by them (omitted)”; and

New Proviso Added

‘Provided further that the Central Government may prescribe abridged form of annual return for “One Person Company, small company and such other class or classes of companies as may be prescribed”.’.

Link: http://egazette.nic.in/WriteReadData/2021/225710.pdf

Disclaimer: Every effort has been made to avoid errors or omissions in this material. In spite of this, errors may creep in. Any mistake, error or discrepancy noted may be brought to our notice which shall be taken care of in the next edition. In no event the author shall be liable for any direct, indirect, special or incidental damage resulting from or arising out of or in connection with the use of this information.

MCA Update on CSR _ Expense related to COVID-19 Awareness & Vaccination Qualify for CSR

Ministry of Corporate affairs vide General Circular 01/2021 dated 13th January, 2021, has clarified that:

spending of CSR funds for Awareness and public outreach on COVID-19 Vaccination programme shall be Considered and qualify for CSR and is eligible under Item No. (i), (ii) and (xii) of Schedule VII of the Companies Act, 2013 relating to:

·         Promotion of Health Care

·         Including Preventive Health Care

·         Sanitization,

·         Promoting Education

·         Disaster Management

Subject to Fulfillment of Companies (CSR Policy) Rules, 2014 and Respective amendments / circulars issued from time to time.

COVID-19 VACCINATION PROGRAMME CSR
cLARIFICATION ON SENDING OF CSR FUNDING AWARNESS AND PUBLIC OUTREACH ON COVID-19 VACCINATION PROGRAMME

Link of the Circular: CLICK HERE

Disclaimer: Every effort has been made to avoid errors or omissions in this material. In spite of this, errors may creep in. Any mistake, error or discrepancy noted may be brought to our notice which shall be taken care of in the next edition. In no event the author shall be liable for any direct, indirect, special or incidental damage resulting from or arising out of or in connection with the use of this information.

CARO, 2020 Applicable w.e.f. 01.04.2021 – MCA Notification

CARO, 2020 Applicable w.e.f. 01.04.2021 – MCA Notification

Ministry of Corporate Affairs (MCA) Updates:

Ministry of Corporate Affairs (MCA) has issued the Companies (Auditor’s Report) Second Amendment Order, 2020 {CARP, 2020} vide Gazette Id CG-DL-E-19122020-223784 published in NIOG on 19th December, 2020.

Applicable: from the date of its publication in the Official Gazette.

Key Highlight:

In the Companies (Auditor’s Report) Order, 2020, in paragraph 2, for the figures, letters and word “1st April, 2020”, the figures, letters and word “1st April, 2021” shall be substituted.

Kindly note that: The principal order was published in the Gazette of India, Extraordinary, Part II, section 3, subsection (ii), vide number S.O. 849(E), dated the 25th February, 2020 and was subsequently amended vide number S.O. 1219 (E), dated the 24th March, 2020.

Link of this Notification: http://egazette.nic.in/WriteReadData/2020/223784.pdf

Disclaimer:Disclaimer: Every effort has been made to avoid errors or omissions in this material. In spite of this, errors may creep in. Any mistake, error or discrepancy noted may be brought to our notice which shall be taken care of in the next edition. In no event the author shall be liable for any direct, indirect, special or incidental damage resulting from or arising out of or in connection with the use of this information.