Companies Act 2013 - Overview And FAQ

The Companies Act, 2013 (CA) is a comprehensive legislation in India that regulates the incorporation, functioning, and dissolution of companies, replacing the Companies Act, 1956, to enhance corporate governance and transparency.

Background and Timeline

Structure

The Companies Act, 2013 comprises 29 chapters and 470 sections, along with 7 schedules. The outline of the Act is as follows:

ChaptersSectionsClassification of Provisions
Chapter 1Sections 1 to 2Preliminary
Chapter 2Sections 3 to 22Incorporation of Company and Matters Incidental Thereto
Chapter 3Sections 23 to 41Prospectus and Allotment of Securities
Public Offer and Private Placement (23-28)
Allotment and Securities (29-41)
Chapter 4Sections 42 to 72Share Capital and Debentures
Chapter 5Sections 73 to 76AAcceptance of Deposits by Companies
Chapter 6Sections 77 to 87Registration of Charges
Chapter 7Sections 88 to 122Management and Administration
Registers and Returns (88-97)
Meetings and Resolutions (98-122)
Chapter 8Sections 123 to 127Declaration and Payment of Dividend
Chapter 9Sections 128 to 138Accounts of Companies
Chapter 10Sections 139 to 148Audit and Auditors
Chapter 11Sections 149 to 172Appointment and Qualifications of Directors
Chapter 12Sections 173 to 195Meetings of Board and its Powers
Chapter 13Sections 196 to 205Appointment and Remuneration of Managerial Personnel
Chapter 14Sections 206 to 229Inspection, Inquiry, and Investigation
Chapter 15Sections 230 to 240Compromises, Arrangements, and Amalgamations
Chapter 16Sections 241 to 246Prevention of Oppression and Mismanagement
Chapter 17Sections 247 to 253Registered Valuers
Chapter 18Sections 254 to 260Removal of Names of Companies from Register
Chapter 19Sections 261 to 365Revival and Rehabilitation of Sick Companies
Chapter 20Sections 366 to 378Winding Up
Chapter 21Sections 379 to 393Companies Authorised to Register Under This Act
Chapter 22Sections 394 to 408Companies Incorporated Outside India
Chapter 23Sections 409 to 416Government Companies
Chapter 24Sections 417 to 424Registration Offices and Fees
Chapter 25Sections 425 to 433Companies to Furnish Information or Statistics
Chapter 26Sections 434 to 438Nidhis
Chapter 27Sections 439 to 446National Company Law Tribunal and Appellate Tribunal
Chapter 28Sections 447 to 458Special Courts
Chapter 29Sections 459 to 470Miscellaneous

Key Objectives and Provisions

The Companies Act, 2013 aims to enhance corporate governance, transparency, and investor protection. Key provisions include:

Implementation

Key Considerations

FAQs on The Companies Act, 2013

The Companies Act, 2013 is a legislation that regulates the incorporation, governance, and dissolution of companies in India, replacing the Companies Act, 1956.

The Act was enacted on August 30, 2013, and most provisions came into force by April 1, 2014.

An OPC is a company with a single member, introduced under Section 2(62), allowing entrepreneurs to operate with limited liability.

Section 135 mandates companies with a net worth of ₹500 crore, turnover of ₹1000 crore, or net profit of ₹5 crore to spend 2% of average net profits on CSR activities.

Independent directors (Section 149) are non-executive directors with no material or pecuniary relationship with the company, ensuring unbiased oversight.

Section 447 prescribes imprisonment from 6 months to 7 years and fines up to three times the amount involved for fraud.

The NCLT (Chapter 27) adjudicates company-related disputes, including insolvency, mergers, and oppression/mismanagement cases.

Chapter 22 (Sections 379-393) requires foreign companies with a place of business in India to register and comply with specific provisions.

Challenges include:

  • Complex compliance requirements for small companies.
  • Delays in NCLT proceedings due to high caseloads.
  • Need for continuous updates to align with digital and global trends.

The full text is available on websites like indialawacts.in.

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The following chapters and sections are sourced from the Companies Act, 2013. This information is for educational purposes only; verify with official sources (e.g., India Code) for legal use. We are not liable for errors or consequences from use.