Publications

MCA October 2014

By November 14, 2014 December 20th, 2019 No Comments
Notification/Circular
no.

pdf
pdf

Date
Subject Amendment
G.S.R.
722(E)
October 14, 2014 The Companies (Audit and
Auditors) Amendment Rules, 2014.
 The Central Government has made following
rules to amend the Companies (Audit & Auditors) Rules, 2014.
G.S.R.
723(E)
October 14, 2014 The Companies (Accounts)
Amendment Rules, 2014.
 The Central Government has made following
rules to amend the Companies (Accounts) Rules, 2014.
General
Circular lto. 38/2O14
October 14, 2014 Right of persons other than
retiring directors to stand for directorship – Refund of deposit under
section 160 of the Companies Act, 2013 in certain cases.
Clarity had been sought by the
companies registered under the 2013 Act, about the manner in which the amount
of deposit of rupees one lakh received by them under sub-section (l) of
section 160 of the Companies Act, 2013 (Act) is to be handled if the depositor
fails to secure more than twenty five per cent of the total valid votes. It
is clarified that in such cases, the Board of directors of a section 8
company is to decide as to whether the deposit made by or on behalf of the
person failing to secure more than twenty-five percent of the valid votes is
to be forfeited or refunded.
General Circular No. 39/2014 October 14, 2014 Clarification on matters
relating to Consolidated Financial Statement.
Government has received
representations from stakeholders seeking clariflcations on the manner of
presentation of notes in Consolidated Financial Statement (CFS) to be
prepared under Schedule III to the Companies Act, 2013(Act). It is clarified
that Schedule lll to the Act read with the applicable Accounting Standards
does not envisage that a company while preparing its CFS merely repeats the
disclosures made by it under stand-alone accounts being consolidated. In the
CFS, the company would need to give all disclosures relevant for CFS only.
General
Circular No. 37/2014
October 14, 2014 Clarification with regard to
Trust/trustee as a partner in the Limited Liability Partnerships (LLPS).
Clarifications have been sought
on whether a trust or a trustee representing a trust in the case of
“Real Estate Investment Trust” (REIT) or “lnfrastructure
Investment Trust” (lnvlTs) or such other trusts set up under the
regulations prescribed under the Securities & Exchange Board of India
Act, 1992, can become a partner in an LLP. 
It has been clarified that for the purposes of these trusts it is not
barred for a trustee, being a body corporate, to hold partnership in an LLP
in its name without the addition of the statement that it is a trustee.
General
Circular 41/2014
October 15, 2014 Company Law Settlement Scheme,
2014 (CLSS-2014) – Clarification u/s 164(2) of the Companies Act, 2013
Clarification has been sought
regarding immunity from disqualification of directors pursuant to Sec. 164
(2) (a) of the 2013 Act will be applicable to companies who have filed their
balance sheets and annual returns on or after 01/04/2014, but beofre coming
into force of CLSS 2014 with effect from 15/08/2014.  It has been clarified that in case of such
companies the disqualification under Section 164 (2) (a) will be applicable
only for prospective defaults, if any, by such companies. 
General
Circular 40/2014
October 15, 2014 Company Law Settlement Scheme,
2014 (CLSS-2014)
The Company Law Settlement
Scheme , 2014 (CLSS) has been extended upto November 25, 2014 consdering the
requests received from various stakeholders.
G.S.R.
741(E)
October 24, 2014 Notification dated: 24.10.2014 –
Amendment in Schedule VII of the Companies Act, 2013
The Central Government has made
further amendments to Schedule VII of the Companies Act, 2013.

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