MCA vide notification no. S.O _____(E) on Friday, 09th February, 2018 have appointed 09th February, 2018 as the date on which the provisions of the following sections of the Companies (Amendment) Act, 2017 shall come into force.
| Sr. No | Section of Companies (Amendment) Act, 2017 | Section pertains to |
| 1. | Section 2(except clause (i) and (xiii) | Definitions
|
| 2. | Section 3 | Formation of a Company; Insertion of new section 3A (Members severally liable in certain cases) |
| 3. | Section 7 | Authentication of Documents, Proccedings and Contracts |
| 4. | Section 9 | Civil Liability for Mis-statements in Prospectus |
| 5. | Section 11 | Voting rights |
| 6. | Section 12 | Prohibition on Issue of Shares at Discount |
| 7. | Section 14 | Further issue of Share Capital |
| 8. | Section 17 | Punishment for Contravention of section 73 or 76 |
| 9. | Section 27 to 29 | Calling of Extra-Ordinary General Meeting;
Notice of Meeting; Postal Ballot. |
| 10. | Section 32 | Declaration of Dividend |
| 11. | Section 34 and 35 | Re-opening of Accounts on Court’s or Tribunal’s Orders;
Constitution of National Financial Reporting Authority. |
| 12. | Section 38 | Right of Member to Copies of Audited Financial Statement |
| 13. | Section 41 to 45 (both inclusive) | Removal, Resignation of Auditor and Giving of Special Notice;
Eligibility, Qualifications and Disqualifications of Auditors; Powers and Duties of Auditors and Auditing Standards; Punishment of Contravention of section 139 to 146 Central Government to Specify Audit of Items of Cost in Respect of Certain Companies. |
| 14. | Section 47 and 48 | Appointment of Directors;
Application for Allotment of Director Identification Number. |
| 15. | Section 50 to 51 | Right of Persons Other than Retiring Directors to Stand for Directorship;
Appointment of Additional Director, Alternate Director and Nominee Director. |
| 16. | Section 53 | Number of Directorships |
| 17. | Section 59 and 60 | Restrictions on Powers of Board;
Disclosure of Interest of Director. |
| 18. | Section 63 to 65 (both inclusive) | Related party transactions;
Prohibition on Forward Dealings in Securities of Company by Director or key Managerial Personnel. Prohibition on Insider Trading of Securities |
| 19. | Section 72 to 74 (both inclusive) | Inspector’s Report;
Purchase of Minority Shareholding; Registered Valuers. |
| 20. | Section 77 to 79
(both inclusive) |
Application of Act to Foreign Companies
Debentures, Annual Return, Registration of Charges, Books of Account and their Inspection, in respect of foreign Companies; Application of Sections 34 to 36 and Chapter XX. |
| 21. | Section 82 | Qualification of President and Members of NCLT |
| 22. | Section 84 and 85 | Qualifications of Chairperson and Members of Appellate Tribunal;
Selection of Members of Tribunal and Appellate Tribunal. |
| 23. | Section 90 to 93
(both inclusive) |
Compounding of certain offences;
Factors for determining level of punishment; Punishment for fraud; Delegation by Central Governemnt of its Powers and Functions. |
The said Notification can be accessed from the following link:MCA Noti 28_S.O (E)_09.02.2018_Commencement sections Amendment Act, 2017