This document provides a table summarizing the position of commencement of sections of the Companies (Amendment) Act, 2017 and related rules as of July 06, 2018. The table lists 20 sections of the Act that have been amended or inserted, the corresponding sections in the previous Companies Act, 2013, the effective dates of the sections, whether any related rules are required and if those rules have been notified. Key details include sections related to prospectus requirements, issue of shares, acceptance of deposits and registration of charges having taken effect or rules being notified to bring the related sections into force.

1. [POSITION
OF
COMMENCMENT
OF
SECTIONS
OF
THE
COMPANIES
(AMENDMENT)
ACT,
2017
AND
RULE
THEREUNDER
AS
ON
JULY
06,
2018]
1
Compiled by CS Amit Gupta, 9415005108
S
No.
The
Companies
(Amendment)
Act,
2017
The
Companies
Act,
2013
Heading
Effective
Date
Requirement
of
Rules
If
Rules
Notified
1
Section
2(i)
Section
2(6)
Associate
Company
07-­‐05-­‐2018
No
N/A
Section
2(ii)
Section
2(28)
Cost
Accountant
09-­‐02-­‐2018
No
N/A
Section
2(iii)
Section
2(30)
Debenture
09-­‐02-­‐2018
No
(MCA
empowered
to
make
any
amendment
in
future)
N/A
Section
2(iv)
Section
2(41)
Financial
year
09-­‐02-­‐2018
No
N/A
Section
2(v)
Section
2(46)
Holding
Company
09-­‐02-­‐2018
No
N/A
Section
2(vi)
Section
2(49)
Interested
Director
09-­‐02-­‐2018
No
N/A
Section
2(vii)
Section
2(51)
Key
Managerial
Personnel
09-­‐02-­‐2018
Yes
(MCA
has
power,
though
not
required
as
on
date)
N/A
Section
2(viii)
Section
2(57)
Networth
09-­‐02-­‐2018
No
N/A
Section
2(ix)
Section
2(71)
Public
Company
09-­‐02-­‐2018
No
N/A
Section
2(x)
Section
2(72)
Public
Financial
Institution
09-­‐02-­‐2018
No
N/A
Section
2(xi)
Section
2(76)
Related
Party
09-­‐02-­‐2018
No
N/A
Section
2(xii)
Section
2(85)
Small
Company
09-­‐02-­‐2018
No
N/A
Section
2(xiii)
Section
2(87)
Subsidiary
Company
07-­‐05-­‐2018
No
(However
Rule
2(1)(r)
of
the
Companies
(Specification
of
No

2. [POSITION
OF
COMMENCMENT
OF
SECTIONS
OF
THE
COMPANIES
(AMENDMENT)
ACT,
2017
AND
RULE
THEREUNDER
AS
ON
JULY
06,
2018]
2
Compiled by CS Amit Gupta, 9415005108
Definitions
Details)
Rules,
2014
needs
to
be
deleted)
Section
2(xiv)
Section
2(91)
Turnover
09-­‐02-­‐2018
No
No
2
Section
3
New
Insert
of
Section
3A
Members
severally
liable
in
certain
cases
09-­‐02-­‐2018
No
N/A
3
Section
4
Section
4
Memorandum
26-­‐01-­‐2018
Yes
Notified
vide
the
Companies
(Incorporation)
Amendment
Rules,
2018,
effective
from
26-­‐01-­‐2018
4
Section
5
Section
7
Incorporation
of
company
Not
yet
enforced
Rule
15
of
the
Companies
(Incorporation)
Rules,
2014
needs
to
be
amended
No
5
Section
6
Section
12
Registered
office
of
company
Not
yet
enforced
No
(INC
22
fees
mapping
to
be
amended)
No
6
Section
7
Section
21
Authentication
of
documents,
proceedings
and
contracts
09-­‐02-­‐2018
No
N/A
7
Section
8
Section
26
Matters
to
be
stated
in
Prospectus
07-­‐05-­‐2018
Yes
Notified
and
Rule
3,
4,
5
&
6
of
the
Companies
(prospectus
and
Allotment
of
Securities)
Amendment
Rules,
2018
deleted
effective
from
7th
May
2018
8
Section
9
Section
35
Civil
liability
for
mis-­‐statements
in
prospectus
09-­‐02-­‐2018
No
N/A
9
Section
10
Section
42
Issue
of
Shares
on
Private
Placement
Basis
Not
yet
enforced
Yes
No
10
Section
11
Section
47
Voting
rights
09-­‐02-­‐2018
No
N/A
11
Section
12
Section
53
Prohibition
on
issue
of
shares
at
discount
09-­‐02-­‐2018
No
N/A
12
Section
13
Section
54
Issues
of
sweat
equity
shares
07-­‐05-­‐2018
Yes
"for
at
least
last
one
year"
in
explanation
(i)(a)
to
Rule
8(1)
omitted
by
The
Companies
(share
capital
and
Debentures)
second
Amendment
Rules,
2018
effective
from
7th
May
2018.
13
Section
14
Section
62
Further
issue
of
share
capital
09-­‐02-­‐2018
No
N/A
14
Section
15
Section
73
Prohibition
on
acceptance
of
deposits
from
public
15-­‐08-­‐2018
Yes
Notified
and
rule
4,
5,
13
&
14
amended
vide
the
Companies

3. [POSITION
OF
COMMENCMENT
OF
SECTIONS
OF
THE
COMPANIES
(AMENDMENT)
ACT,
2017
AND
RULE
THEREUNDER
AS
ON
JULY
06,
2018]
3
Compiled by CS Amit Gupta, 9415005108
(acceptance
of
Deposit)
Amendment
Rules,
2018
effective
from
August
15,
2018
15
Section
16
Section
74
Repayment
of
deposits,
etc.,
accepted
before
commencement
of
this
Act
15-­‐08-­‐2018
Yes
Notified
and
rule
4,
5,
13
&
14
amended
vide
the
Companies
(acceptance
of
Deposit)
Amendment
Rules,
2018
effective
from
August
15,
2018
16
Section
17
Section
76A
Punishment
for
contravention
of
section
73
or
section
76
09-­‐02-­‐2018
No
N/A
17
Section
18
Section
77
Duty
to
register
charges,
etc
07-­‐05-­‐2018
Yes
No
18
Section
19
Section
78
Application
for
registration
of
charge
07-­‐05-­‐2018
No
N/A
19
Section
20
Section
82
Company
to
report
satisfaction
of
charge
05-­‐07-­‐2018
Yes
Notified
and
rule
3,
8
&
12
amended
vide
the
Companies
(registration
of
charges)
Amendment
Rules,
2018
effective
from
July
05,
2018
20
Clauses
(i)
and
(ii)
of
Section
21
Clause
(iii)
of
section
21
Section
89(6)
and
(7)
Section
89(10)
Declaration
in
respect
of
beneficial
interest
in
any
share
Meaning
of
beneficial
interest
07-­‐05-­‐2018
13-­‐06-­‐2018
No
N/A
21
Section
22
Section
90
Register
of
significant
beneficial
owners
in
a
company
13-­‐06-­‐2018
Yes
Notified
vide
the
Companies
(Significant
Beneficial
Owners)
Rules,
20l8
effective
from
June
14,
2018
22
Clauses
(i)
and
(ii)
of
Section
23
Clauses
(iii)
and
(iv)
of
Section
23
Section
92(1)
and
92(3)
Section
92(4)
and
(5)
Annual
Return
Not
yet
enforced
07-­‐05-­‐2018
Yes
No
No
N/A
23
Section
24
Section
93
Return
to
be
filed
with
Registrar
in
case
promoters‘
stake
changes
13-­‐06-­‐2018
Yes
Form
MGT-­‐10
omitted
vide
the
Companies
(Management
and
Administration)
Second
Amendment
Rules,
2018
effective
from
June
13,
2018

4. [POSITION
OF
COMMENCMENT
OF
SECTIONS
OF
THE
COMPANIES
(AMENDMENT)
ACT,
2017
AND
RULE
THEREUNDER
AS
ON
JULY
06,
2018]
4
Compiled by CS Amit Gupta, 9415005108
24
Section
25
Section
94
Place
of
keeping
and
inspection
of
registers,
returns,
etc.
13-­‐06-­‐2018
Yes
Sub-­‐rule
(6)
of
Rule
15
amended
vide
the
Companies
(Management
and
Administration)
Second
Amendment
Rules,
2018
effective
from
June
13,
2018
25
Section
26
Section
96
Annual
general
meeting
13-­‐06-­‐2018
No
N/A
26
Section
27
Section
100
Calling
of
extraordinary
general
meeting
09-­‐02-­‐2018
Yes
Explanation
to
Rule
18
deleted
vide
the
Companies
(Management
and
Administration)
Second
Amendment
Rules,
2018
effective
from
June
13,
2018
27
Section
28
Section
101
Notice
of
meeting
09-­‐02-­‐2018
No
N/A
28
Section
29
Section
110
Postal
ballot
09-­‐02-­‐2018
Yes
Proviso
to
rule
22(16)
amended
vide
the
Companies
(Management
and
Administration)
Second
Amendment
Rules,
2018
effective
from
June
13,
2018
29
Section
30
Section
117
Resolutions
and
Agreements
to
be
filled
07-­‐05-­‐2018
No
(MGT-­‐14
to
be
amended)
N/A
(Form
not
yet
amended)
30
Section
31
Section
121
Report
on
annual
general
meeting
07-­‐05-­‐2018
No
N/A
31
Section
32
Section
123
Declaration
of
dividend
09-­‐02-­‐2018
No
N/A
32
Section
33
Section
129
Financial
Statements
07-­‐05-­‐2018
No
N/A
33
Section
34
Section
130
Re-­‐opening
of
accounts
on
court‘s
or
Tribunal‘s
orders
09-­‐02-­‐2018
No
N/A
34
Section
35
Section
132
Constitution
of
National
Financial
Reporting
Authority
09-­‐02-­‐2018
No
N/A
35
Section
36
Section
134
Financial
statement,
Board‘s
report,
etc.
Not
yet
enforced
Yes
No
36
Section
37
Section
135
Corporate
Social
Responsibility
Not
yet
enforced
Yes
No
37
Section
38
Section
136
Right
of
member
to
copies
of
audited
financial
statement
09-­‐02-­‐2018
No
N/A
38
Section
39
Section
137
Copy
of
Financial
Statement
to
be
filled
with
Registrar
07-­‐05-­‐2018
No
N/A
39
Section
40
Section
139
Appointment
of
Auditors
07-­‐05-­‐2018
Yes
Proviso
to
Sub-­‐rule
(7)
to
Rule
3
and
explanation
thereto
omitted
vide
The
Companies
(Audit
and
Auditors)
Second
Amendment
Rules,
2018
effective
from
7th
May
2018

5. [POSITION
OF
COMMENCMENT
OF
SECTIONS
OF
THE
COMPANIES
(AMENDMENT)
ACT,
2017
AND
RULE
THEREUNDER
AS
ON
JULY
06,
2018]
5
Compiled by CS Amit Gupta, 9415005108
40
Section
41
Section
140
Removal,
resignation
of
auditor
and
giving
of
special
notice
09-­‐02-­‐2018
No
N/A
41
Section
42
Section
141
Eligibility,
qualifications
and
disqualifications
of
auditors
09-­‐02-­‐2018
No
N/A
42
Section
43
Section
143
Powers
and
duties
of
auditors
and
auditing
standards
09-­‐02-­‐2018
Yes
Rule
10A
amended
vide
the
Companies
(Audit
and
Auditors)
Second
Amendment
Rules,
2018
effective
from
7th
May
2018
43
Section
44
Section
147
Punishment
for
contravention
09-­‐02-­‐2018
No
N/A
44
Section
45
Section
148
Central
Government
to
specify
audit
of
items
of
cost
in
respect
of
certain
companies
09-­‐02-­‐2018
Yes
Rule
14
amended
vide
the
Companies
(Audit
and
Auditors)
Second
Amendment
Rules,
2018
effective
from
7th
May
2018
45
Section
46
Section
149
Company
to
have
Board
of
Directors
07-­‐05-­‐2018
Yes
46
Section
47
Section
152
Appointment
of
directors
09-­‐02-­‐2018
Yes
Rule
5
amended
vide
he
Companies
(Appointment
and
Qualification
of
Directors)
Second
Amendment
Rules,
2018
effective
from
7th
May
2018
47
Section
48
Section
153
Application
for
allotment
of
Director
Identification
Number
09-­‐02-­‐2018
No
N/A
48
Section
49
Section
157
Company
to
inform
Director
Identification
Number
to
Registrar
07-­‐05-­‐2018
No
N/A
49
Section
50
Section
160
Right
of
persons
other
than
retiring
directors
to
stand
for
directorship
09-­‐02-­‐2018
No
N/A
50
Section
51
Section
161
Appointment
of
additional
director,
alternate
director
and
nominee
director
09-­‐02-­‐2018
No
N/A
51
Section
52
Section
164
Disqualifications
for
appointment
of
director
07-­‐05-­‐2018
No
N/A
52
Section
53
Section
165
Number
of
directorships
09-­‐02-­‐2018
No
N/A
53
Section
54
Section
167
Vacation
of
office
of
director
07-­‐05-­‐2018
No
N/A
54
Section
55
Section
168
Resignation
of
director
07-­‐05-­‐2018
Yes
Rule
16
amended
vide
he
Companies
(Appointment
and
Qualification
of
Directors)
Second
Amendment
Rules,
2018
effective
from
7th
May
2018
55
Section
56
Section
173
Meetings
of
Board
07-­‐05-­‐2018
No
N/A

6. [POSITION
OF
COMMENCMENT
OF
SECTIONS
OF
THE
COMPANIES
(AMENDMENT)
ACT,
2017
AND
RULE
THEREUNDER
AS
ON
JULY
06,
2018]
6
Compiled by CS Amit Gupta, 9415005108
56
Section
57
Section
177
Audit
committee
07-­‐05-­‐2018
No
N/A
57
Section
58
Section
178
Nomination
and
Remuneration
Committee
and
Stakeholders
Relationship
Committee
07-­‐05-­‐2018
Yes
Rule
6
amended
vide
the
Companies
(Meetings
of
Board
and
its
Powers)
Amendment
Rules,
2018
effective
from
7th
May
2018
58
Section
59
Section
180
Restrictions
on
powers
of
Board
09-­‐02-­‐2018
No
N/A
59
Section
60
Section
184
Disclosure
of
interest
by
director
09-­‐02-­‐2018
No
N/A
60
Section
61
Section
185
Loan
to
directors,
etc.
07-­‐05-­‐2018
No
N/A
61
Section
62
Section
186
Loan
and
investment
by
company
07-­‐05-­‐2018
Yes
Rule
13
amended
vide
vide
the
Companies
(Meetings
of
Board
and
its
Powers)
Amendment
Rules,
2018
effective
from
7th
May
2018
62
Section
63
Section
188
Related
party
transactions
09-­‐02-­‐2018
No
N/A
63
Section
64
Section
194
Prohibition
on
forward
dealings
in
securities
of
company
by
director
or
key
managerial
personnel
09-­‐02-­‐2018
No
N/A
64
Section
65
Section
195
Prohibition
on
insider
trading
of
securities
09-­‐02-­‐2018
No
N/A
65
Section
66
Section
196
Appointment
of
managing
director,
whole-­‐time
director
or
manager
Not
yet
enforced
No
N/A
66
Section
67
Section
197
Overall
maximum
managerial
remuneration
and
managerial
remuneration
in
case
of
absence
or
inadequacy
of
profits
Not
yet
enforced
Yes
No
67
Section
68
Section
198
Calculation
of
profits
Not
yet
enforced
No
N/A
68
Section
69
Section
200
Central
Government
or
company
to
fix
limit
with
regard
to
remuneration
Not
yet
enforced
No
N/A
69
Section
70
Section
201
Forms
of,
and
procedure
in
relation
to,
certain
applications
Not
yet
enforced
No
N/A
70
Section
71
Section
216
Investigation
of
ownership
of
company
13-­‐06-­‐2018
No
N/A
71
Section
72
Section
223
Inspector‘s
report
09-­‐02-­‐2018
No
N/A

7. [POSITION
OF
COMMENCMENT
OF
SECTIONS
OF
THE
COMPANIES
(AMENDMENT)
ACT,
2017
AND
RULE
THEREUNDER
AS
ON
JULY
06,
2018]
7
Compiled by CS Amit Gupta, 9415005108
72
Section
73
Section
236
Purchase
of
minority
shareholding
09-­‐02-­‐2018
No
N/A
73
Section
74
Section
247
Valuation
by
registered
valuers
09-­‐02-­‐2018
No
N/A
74
Section
75
Section
366
Companies
capable
of
being
registered
15-­‐08-­‐2018
Yes
Notified
and
rule
3,
4
&
5
amended
vide
the
Companies
(Authorized
to
register)
Amendment
Rules,
2018
effective
from
August
15,
2018
75
Section
76
Section
374
Obligations
of
companies
registering
under
this
Part
Not
yet
enforced
No
N/A
76
Section
77
Section
379
Application
of
Act
to
foreign
companies
09-­‐02-­‐2018
No
N/A
77
Section
78
Section
384
Debentures,
annual
return,
registration
of
charges,
books
of
account
and
their
inspection
09-­‐02-­‐2018
No
N/A
78
Section
79
Section
391
Application
of
sections
34
to
36
and
Chapter
XX
09-­‐02-­‐2018
No
N/A
79
First
Proviso
to
clause
(i)
of
Section
80
and
clause
(ii)
of
Section
80
Second
and
third
Proviso
to
clause
(i)
of
Section
80
Section
403
(first
proviso)
Section
403
(second
and
third
proviso)
Fee
for
filing,
etc
Fee
for
filing,
etc
07-­‐05-­‐2018
Not
yet
enforced
Yes
Yes
Rule
12
amended
vide
the
Companies
(Registration
offices
and
Fees)
Second
Amendment
Rules,
2018
effective
from
July
01,
2018
No
80
Section
81
Section
406
Provision
relating
to
Nidhis
and
its
application,
etc.
Not
yet
enforced
Yes
No
81
Section
82
Section
409
Qualification
of
President
and
Members
of
Tribunal
09-­‐02-­‐2018
No
N/A
82
Section
83
Section
410
Constitution
of
Appellate
Tribunal
07-­‐05-­‐2018
No
N/A
83
Section
84
Section
411
Qualifications
of
Chairperson
and
members
of
Appellate
Tribunal
09-­‐02-­‐2018
No
N/A
84
Section
85
Section
412
Selection
of
Members
of
Tribunal
and
Appellate
Tribunal
09-­‐02-­‐2018
No
N/A
85
Section
86
Section
435
Establishment
of
Special
Courts
07-­‐05-­‐2018
No
N/A

8. [POSITION
OF
COMMENCMENT
OF
SECTIONS
OF
THE
COMPANIES
(AMENDMENT)
ACT,
2017
AND
RULE
THEREUNDER
AS
ON
JULY
06,
2018]
8
Compiled by CS Amit Gupta, 9415005108
86
Section
87
Section
438
Application
of
Code
to
proceedings
before
Special
Court
07-­‐05-­‐2018
No
N/A
87
Section
88
Section
439
Offences
to
be
non-­‐cognizable
07-­‐05-­‐2018
No
N/A
88
Section
89
Section
440
Transitional
provisions
07-­‐05-­‐2018
No
N/A
89
Section
90
Section
441
Compounding
of
certain
offences
09-­‐02-­‐2018
No
N/A
90
Section
91
New
Insert
of
Section
446A
Factors
for
determining
level
of
punishment
09-­‐02-­‐2018
No
N/A
91
Section
92
Section
447
Punishment
for
fraud
09-­‐02-­‐2018
No
N/A
92
Section
93
Section
458
Delegation
by
Central
Government
of
its
powers
and
functions
09-­‐02-­‐2018
No
N/A
LIST
OF
SECTIONS
NOT
YET
ENFORCED
1.
Section
5
Section
7
Incorporation
of
company
Not
yet
enforced
Rule
15
of
the
Companies
(Incorporation)
Rules,
2014
needs
to
be
amended
No
2.
Section
6
Section
12
Registered
office
of
company
Not
yet
enforced
No
(INC
22
fees
mapping
to
be
amended)
No
3.
Section
10
Section
42
Issue
of
Shares
on
Private
Placement
Basis
Not
yet
enforced
Yes
No
4.
Clauses
(i)
and
(ii)
of
Section
23
Section
92(1)
and
92(3)
Annual
Return
Not
yet
enforced
Yes
No
5.
Section
36
Section
134
Financial
statement,
Board‘s
report,
etc.
Not
yet
enforced
Yes
No
6.
Section
37
Section
135
Corporate
Social
Responsibility
Not
yet
enforced
Yes
No
7.
Section
66
Section
196
Appointment
of
managing
director,
whole-­‐time
director
or
manager
Not
yet
enforced
No
N/A
8.
Section
67
Section
197
Overall
maximum
managerial
remuneration
and
managerial
remuneration
in
case
of
absence
or
inadequacy
of
profits
Not
yet
enforced
Yes
No
9.
Section
68
Section
198
Calculation
of
profits
Not
yet
enforced
No
N/A

9. [POSITION
OF
COMMENCMENT
OF
SECTIONS
OF
THE
COMPANIES
(AMENDMENT)
ACT,
2017
AND
RULE
THEREUNDER
AS
ON
JULY
06,
2018]
9
Compiled by CS Amit Gupta, 9415005108
10.
Section
69
Section
200
Central
Government
or
company
to
fix
limit
with
regard
to
remuneration
Not
yet
enforced
No
N/A
11.
Section
70
Section
201
Forms
of,
and
procedure
in
relation
to,
certain
applications
Not
yet
enforced
No
N/A
12.
Section
76
Section
374
Obligations
of
companies
registering
under
this
Part
Not
yet
enforced
No
N/A
13.
Section
80
(i)
(2nd
&
3rd
proviso)
Section
403
(2nd
&
3rd
proviso)
Fee
for
filing,
etc
Not
yet
enforced
Yes
No
14.
Section
81
Section
406
Provision
relating
to
Nidhis
and
its
application,
etc.
Not
yet
enforced
Yes
No