Highlights Of The Companies (Amendment) Act, 2020

Reviewed and Validated by: Shubham Dwivedi, Associate

  • Reduction of fines: Fines for certain offences under the Companies Act, 2013 (Act) such as contravention of notice requirements for alteration of share capital, contravention of provisions relating to registration of charges, failure to file annual returns etc. have been reduced;
  • Decriminalisation of offences: Certain offences under the Act lacking the element of fraud or larger public interest such as failure to maintain books of account, related party transactions etc. have now been decriminalised and hence will no longer entail imprisonment. A noteworthy point here is that whilst the punishment of imprisonment for related party transactions of listed companies has been done away with, the fine for this contravention has been increased from an earlier cap of INR 5 lakhs to INR 25 Lakhs;
  • CSR Committee requirement: Companies which have an annual obligation of less than INR 50 lakhs towards Corporate Social Responsibility expenditure are no longer required to constitute the Corporate Social Responsibility Committee. The requisite functions pertaining to the now redundant committee will need to be discharged by the board of directors of the covered entities;
  • Exclusion from listed companies: Provision of exclusion of specific class of companies from the ambit of ‘listed companies’ for the purpose of listing of debt securities;
  • Further issue of capital: The minimum notice period of 15 days for accepting offer of further issue of capital by existing equity shareholders has been revised to ‘such timelines as may be prescribed’. This has been done with the view of reducing timelines for applying for rights issues so as to speed up such issues under section 62 of the Act;
Highlights Of The Companies (Amendment) Act, 2020
Highlights Of The Companies (Amendment) Act, 2020
  • Benches: The Amendment introduces provisions relating to setting up Benches of the National Company Law Appellate Tribunal (NCLAT). These benches will be located at Delhi and other such places as may be notified by the Central Government post consultation with the NCLAT Chairperson; &
  • Company name allotment: Notably, the Amendment now dispenses away civil liability in case of failure in rectification of name of company due to it being similar to a registered trademark. Notably, a new name in such cases will be assigned by the Central Government itself if the company fails to make the rectification within three months.

Read another article: Highlights Of The Companies (Amendment) Act, 2020

Fact Checked & Updated by Corrida Legal Lawyers

Our Fact Checking Process

As qualified Indian lawyers, we understand that our articles are relied upon the thousands of our readers who read our articles daily. We accordingly ensure that all our articles go through a regular process of fact checking and updation by qualified lawyers of the Corrida Legal team. Here's how we maintain high standards:
  1. Expert Review: All articles are reviewed in a periodical manner by Corrida Legal's qualified lawyers.
  2. Source Validation: We ensure that any resource being relied upon for the preparation of the article is of a credible Government authority. We do not as a thumb rule quote any law, circular, guideline or notification present on unreliable websites.
  3. Transparency: We ensure to clearly cite references and disclose potential conflicts wherever we deem it appropriate to do so. Our author lawyers ensure to highlight the concerns and caveats in their articles.
Curated and reviewed by qualified lawyers from Corrida Legal team.

Our Review Board

All our articles are curated and reviewed by our expert team of lawyers at Corrida Legal to ensure accuracy and relevance.
  • Unique legal perspective: Each article is assessed by our specialist lawyers to ensure that we add the unique legal perspective that readers are looking for.
  • Up-to-date Insights: We incorporate the latest research, trends, and standards and all articles are reviewed in a periodical manner by Corrida Legal's qualified lawyers.
  • Legal Accuracy:   Every article is rigorously vetted by Corrida Legal lawyers against current statutes, judicial precedents, and regulatory notifications to provide reliable, actionable guidance that businesses can trust.
To Top