Subordinate legislation should avoid repeating a provision of the main legislation. Sub-rule (3) of rule 5 of the Companies (Share Capital and Debentures) Rules, 2014 is a good example. Rule 5(3) corresponds to Section 46 of the Companies Act, 2013. Section 46 was amended by the Companies Amendment Act, 2015 with effect from 29th May 2015. Correspondingly, Schedule I of the Companies Act, 2013 also amended this time in the line of these amendments in Section 46. Due to oversight, there was no corresponding amendment in Schedule since 29th May 2015. Now, corrective action is taken by with effect from 10th April 2018.
Tag Archives: Companies (Share Capital and Debentures) Rules 2014
Ministry of Corporate Affairs came with yet another amendment to the Companies (Share Capital and Debentures) Rules, 2014, a third amendment this year to the rules. These rules has been published in official gazette on 19th July 2016 and came into force on that date. In this post, we will discuss these amendments.