• Company Law Circulars

Company Law Circulars

Number Date Issued By Subject
General Circular No. 31/2014 19-07-14 Ministry of Corporate Affairs Extension of validity of reserved names-reg
General Circular No. 30/2014 17-07-14 Ministry of Corporate Affairs Clarification on matters relating to Related Party Transactions.
General Circular No. 29/2014 11-07-14 Ministry of Corporate Affairs Registration of names of the Companies shall be in consonance with the provisions of the Emblems and Names (Prevention of Improper Use)Act, 1950
General Circular No. 28/2014 09-07-14 Ministry of Corporate Affairs Clarification on form MGT-14 through STP mode.
General Circular No. 27/2014 30-06-14 Ministry of Corporate Affairs Clarification regarding filing of Form DPT4 under Companies Act, 2013.
General Circular No. 26/2014 27-06-14 Ministry of Corporate Affairs Clarification with regard to use of the words “Commodity Exchange” in a company-reg.
General Circular No. 32/2014 23-07-14 Ministry of Corporate Affairs Clarification on transitional period for resolutions passed Under the Companies Act, 1956

Resolutions approved or passed by companies under the provisions of Old Act, during the period 1 Sep 2013 to 31 Mar 2014, can be implemented in accordance with provisions of Old Act if :

a) the implementation of the resolution actually commenced before 1 April 2014 and

b) this transitional arrangement will be available upto expiry of one year from the passing of the resolution or 6 months from the commencement of the corresponding provision in New Act:

whichever is later.
General Circular No. 25/2014 26-06-2014 Asst. Director (Policy), Ministry of Corporate Affairs Click on the link below to view circular
Clarification on applicability of requirement residency requirements for a resident director – It has been clarified that the residency requirement under the Companies Act, 2013 of 182 days in a calendar year would be reckoned only from 1 April 2014 and the first calendar year would be 1 April 14 till 31 Dec 14. Pro-rated residency requirement for calendar year 2014 would be 136 days. 
General Circular No. 23/2014 26-06-2014 Asst. Director, Ministry of Corporate Affairs Click on the link below to view circular.
Clarification on incorporation of a company in India by a company incorporated outside India – It has been clarified that there is no bar in the new Companies Act, 2013 for a company incorporated outside India to incorporate a subsidiary in India as a public company or a private company.
General Circular No. 22/2014 25-06-2014 Asst. Director (Policy), Ministry of Corporate Affairs Click on the synopsis below to view circular
Clarification with regard to format of annual return for the FY 2013-14 – Form MGT-7 shall not apply to annual returns where the financial year ends on or before 1 April 2014 and for annual returns pertaining to earlier years.
General Circular No. 21/2014 18-06-2014 Assistant Director (CSR), Ministry of Corporate Affairs Click on the link below to view circular.
Clarifications with regard to provisions of Corporate Social Responsibility under section 135 of the Companies Act, 2013.
Circular 08/2014 04-04-2014 Ministry of Corporate Affairs, Government of India Click on the text below to view the full circular

Commencement of provisions of the Companies Act 2013 with regard to maintenance of books of accounts and preparations/ adoption/filing of financial statements, auditor’s report Board’s report and attachments to such statements and reports- Applicability with regard to relevant financial Year’
Circular No. 07/2014 01-04-2014 Ministry of Corporate Affairs, Government of India Please click on the text below to view full circular.

Dissemination of information with regards to the provisions of Companies Act, 2013 as notified till date vis-a-vis the corresponding provisions of Companies Act, 1956.
6/2014 (MCA21/28/2014) 28-03-2014 Ministry of Corporate Affairs, Government of India Click on the text below to view the circular

Roll out plan of various forms under the Companies Act, 2013 and continuance of forms under the provisions of Companies Act, 1956 
General Circular No. 03/2014 (No.1/12/2013-CL.V) 14-02-2014 Ministry of Corporate Affairs, Govt. of India Section 372A of the Companies Act, 1956 places restrictions on inter-corporate loans made, guarantees provided etc. as well as on inter-corporate investments and permits such transactions subject to specified conditions.  Section 372A, however, exempts loans made or guarantee given or security provided or an investment made by a holding company to its subsidiary. This section continues to remain in force even after certain provisions of the new Companies Act, 2013 has been introduced.  S. 185 of Companies Act, 2013, which has been notified and became effective from 12 Sep 2013 prohibits transactions of the above nature between a holding and subsidiary company except in the ordinary course of business of the lending company. In view of representations received pointing out this apparent conflict, the Ministry of Corporate Affairs has clarified that S. 372A(8)(d), which exempts guarantee given or security provided by a holding company in respect of a loan made to its wholly owned subsidiary, shall continue to apply till S. 372A is repealed and S. 186 of the Companies Act, 2013 (which corresponds to some of the provisions of S. 372A of the old act) is notified.