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Parliament clears amendments to companies law

31 Jul 2019 Evaluate

With an aim to tighten norms pertaining to Corporate Social Responsibility (CSR) spending for corporates, strengthen enforcement provisions and help unclog National Company Law Tribunal (NCLT), Parliament has cleared amendments to the companies law. Corporate Affairs & Finance Minister Minister Nirmala Sitharaman has said ‘we are trying to bring in ease of doing business, bring in a robust framework through which the Companies Act can be implemented. We are also trying to rationalise and re-categorise minor offences for civil defaults.’

About CSR norms, she said companies used to comply with the requirement fully or partly and then explain and get away with it. Now, there would be a provision wherein the unspent CSR amount would be transferred to an escrow account for three financial years. Subsequently, if the amount remains unspent then the same would be moved to funds specified in Scheduled VII of the Companies Act. Under the Act, certain class of profitable companies are required to shell out at least two per cent of their three-year annual average net profit towards CSR activities.

Sitharaman said that the amended bill will de-clog the NCLT by shifting routine matters out of it. To crack down on shell companies, she stated it has been made mandatory to have physical address and register to ensure such companies exist on ground. She further mentioned that four lakh companies have so far been de-registered as they did not file financial results for two years and did not even apply for dormant status.

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