This document provides an overview of Company Law for Semester 3 B.Com students. It discusses key aspects of the Companies Act 2013, including comparisons to the previous Companies Act 1956. Some of the main points covered include the enactment and implementation of the Companies Act 2013, key terms like chapters, sections, and schedules, and topics that will be covered in Unit 4 such as provisions related to dividend, books of account, winding up processes, and the National Company Law Tribunal.
This document provides an overview of Company Law for Semester 3 B.Com students. It discusses key aspects of the Companies Act 2013, including comparisons to the previous Companies Act 1956. Some of the main points covered include the enactment and implementation of the Companies Act 2013, key terms like chapters, sections, and schedules, and topics that will be covered in Unit 4 such as provisions related to dividend, books of account, winding up processes, and the National Company Law Tribunal.
This document provides an overview of Company Law for Semester 3 B.Com students. It discusses key aspects of the Companies Act 2013, including comparisons to the previous Companies Act 1956. Some of the main points covered include the enactment and implementation of the Companies Act 2013, key terms like chapters, sections, and schedules, and topics that will be covered in Unit 4 such as provisions related to dividend, books of account, winding up processes, and the National Company Law Tribunal.
ASSISTANT PROFESSOR DEPARTMENT OF COMMERCE PATNA WOMEN’S COLLEGE (AUTONOMOUS) PATNA UNIVERSITY Companies Act ,2013 The Companies Act 2013 passed by the Parliament received the assent of the President of India on 29th August 2013. The act is now in force w.e.f. 1st April 2014 and it removed certain sections of Companies Act 1956 in order to ensure good corporate governance. It has more than 470 sections, 7 schedules and 29 chapters. Comparison Between Companies Act 1956 vs 2013 The Companies Act 1956 Act provided companies to elect financial year. The Companies Act 2013 Act eliminates the existing flexibility in having a financial year different than 31 March. The 2013 Act provides that the financial year for all companies should end on 31 March, with certain exceptions approved by the National Company Law Tribunal. Financial year from 1st April 2018 to 31st March 2019 –yes allowed Financial year from 1st June 2018 to 31st May 2019 –Not allowed. FY will end on 31st March 2019 KEY TERMS EXPLAINED CHAPTER-A Chapter is a major topic of law.Eg.Chapter VIII for declaration and payment of dividend, Chapter IX for Accounts of Companies. SECTION-A Section is a topic area within a chapter. Eg.Section 128 for Books of Accounts etc to be kept by Company, Section 129 for Financial Statements. PROVISIONS/SUB-SECTION -A provision is part of a section. Eg.Section 128 (1) Section 128(1) requires every company to prepare and keep the books of account and other relevant books and papers and financial statements at its registered office. KEY TERMS EXPLAINED RULES-These are prescribed by government for smooth implementation of provisions of law and also gives clarity for its practical implementation. E.g. Rule 3 Companies Accounts Rules 2014. Rule 3 lays down the manner of books of account to be kept in electronic mode. SCHEDULE-It is proper format prescribed by law. E.g. Schedule III gives format of the Balance Sheet and Statement of Profit and Loss. Unit 4 Topics 1. Dividend (Provisions relating to payment of dividend) 2. Provisions relating to Books of Account 3. Concept and modes of Winding up 4. NCLT (National Company Law Tribunal) Provisions relating to Books of Account
Section 128 and 129 of the Companies
Act ,2013 1. Section 128-BOOKS OF ACCOUNTS, ETC., TO BE KEPT BY COMPANY 2. Section 129 –FINANCIAL STATEMENTS Thank you