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Companies Bill 2013 enacted into law; gets Presidential assent

02 Sep 2013 Evaluate

President Pranab Mukherjee has given his approval to the Companies Bill 2013, thereby making it a law replacing the nearly 57 year old regulations that governed corporates in the country. The Bill, which replaces the erstwhile Companies Act 1956, seeks to safeguard interest of employees and small investors, while encouraging companies to undertake social welfare voluntarily instead of imposing that through 'inspector raj'.

The new Bill mandates companies to spend on social welfare activities, empowers investors against any frauds committed by promoters, encourages companies to have women directors, and seeks to bring in greater transparency in corporate governance matters.  It also provides about three dozen new definitions, including for terms such as frauds, promoters, turnover, small companies, associate companies and employee stock options.

With growing corporate scandals, greater need was felt for better corporate governance and transparency in the new Companies Bill with stricter punitive action. However, the effectiveness of the bill would be known only when the provisions come into force.

Meanwhile, the Corporate Affairs Ministry has been now assigned the task of making the rules for the new legislation. These draft rules, which are expected to be prepared in two weeks, would be put out on the ministry's website for comments.

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