Cabinet approves 72 changes in Companies Act 2013 to decriminalise offences

05 Mar 2020 Evaluate

With an aim to further improve ease of doing business, the Union Cabinet has given green signal to 72 changes in the Companies Act 2013 with focus on decriminalisation of various provisions and permitting direct overseas listing of Indian corporates. Reduction in penalties for certain offences as well as in timeline for rights issues, relaxation in CSR compliance requirements and creation of separate benches at the National Company Law Appellate Tribunal (NCLAT) are among the raft of other proposed changes in the Companies Act, 2013.

Corporate Affairs Minister Nirmala Sitharaman has said the priority is to ‘decriminalise’ provisions in the Act. There would be 72 changes resulting in amendments to 65 sections of the Act and the aim is to ensure greater ease of doing business as well as living. Sitharaman, who is also the finance minister, said 23 offences would be recategorised out of 66 compoundable offences under the Act. Besides, she said seven compoundable offences would be omitted. She also said penalties would be reduced in case of various compoundable offences. Generally, compoundable offences are those which can be settled by paying certain amount of money.

According to the corporate affairs ministry, there are 52 proposals that would result in 48 amendments for greater ease of doing business for law abiding corporates by way of ‘removing criminality totally in respect of 35 procedural and technical defaults’. Besides, imprisonment would be removed from 11 penal provisions and quantum of penalties in respect of six defaults which had been decriminalised earlier in 2019 would be reduced. With respect to greater ease of living, there are 20 proposals that would result in 17 amendments to the Act. 'The amendments are expected to significantly enhance the confidence of Indian corporates on the government's resolve to provide greater ease and accord highest respect to honest wealth creators in the country and reduce the burden on the justice system.

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