Background: 1. To promote greater ease of doing business for law-abiding corporates in the country. 2. To streamline the operation of certain provisions of the Companies Act, 2013 through clarificatory amendments and other drafting changes |
S. No. | Proposal |
I. | Allowing certain companies to revert to the financial year followed in India; |
II. | Facilitating certain companies to communicate with their members in only electronic form; |
III. | Recognising issuance and holding of fractional shares, Restricted Stock Units and Stock Appreciation Rights; |
IV. | Easing the requirement of raising capital in distressed companies; |
V. | Replacing the requirement of furnishing affidavits with the filing of self-certification/ declaration |
VI. | Clarifying the inclusion of ‘free reserves’ while determining the limit for buying back of a company’s equity shares; |
VII. | Prohibiting companies from recording trusts on their register of members; |
VIII. | Allowing companies to hold general meetings in virtual, physical or hybrid modes; |
IX. | Creating an electronic platform for maintenance of statutory registers by companies; |
X. | Clarifying provisions relating to Investor Education and Protection Fund; |
XI. | Strengthening the National Financial Reporting Authority; |
XII. | Reviewing and strengthening the audit framework and introducing mechanisms to ensure the independence of auditors; |
XIII. | Standardising the manner for auditors to provide qualifications; |
XIV. | Recognising and providing an enabling framework for the constitution of Risk Management Committees; |
XV. | Clarifying the tenure of independent directors; |
XVI. | Revising provisions relating to the disqualification and vacation of the office of directors; |
XVII. | Clarifying the procedure for the resignation of key managerial personnel; |
XVIII. | Strengthening the provisions relating to mergers and amalgamations; |
XIX. | Easing the restoration of struck off companies by enabling the Regional Director to allow restoration of names of companies in certain instances; |
XX. | Recognising Special Purpose Acquisition Companies and allowing such companies, which are incorporated in India, to list on permitted exchanges; |
XXI. | Prohibiting the conversion of co-operative societies into a company; |
XXII. | Modernising enforcement and adjudication activities through electronic mode; |
XXIII. | Strengthening the incorporation and governance framework for Nidhis; |
XIV. | Removing ambiguities from present provisions under the Companies Act, 2013 through changes of drafting & consequential nature. |
Last date for comments: May 15, 2022
Source: Notice inviting comments on the Report of Company Law Committee dated May 10, 2022
Reference: Report of the Company Law Committee dated April 12, 2022