CS December 2016 Exams – Applicability of Companies Act 1956 & 2013

| November 17, 2016 | 0 Comments

Companies Act 1956 & 2013 Applicable for CS December 2016 Exams. In previous post we have given CS Executive Important Questions, Topics for December 2016 Exams. Today we are going to give you the information regarding applicability of Companies Act 1956 & Companies Act 2013 for CS December 2016 examinations. So many students confused with “What are the sections of Companies Act 1956 are applicable for December 2016 exams” and  “What are the sections of Companies Act 2013 are applicable for December 2016 exams”. Don’t get confused, we are going to give you the clarification regarding Companies Act 1956 & 2013 sections applicable for CS December 2016 examinations.

Companies Act

Applicability of Companies Act, 1956 and the Companies Act, 2013 for December , 2016 Examinations :

The question papers on the subjects of Foundation (New Syllabus), Executive (New Syllabus), and Professional Programme (Old and New Syllabus) shall carry questions from the notified sections of the Companies Act, 2013 and rules made thereunder. In respect of sections of the Companies Act, 2013 which have not been notified, applicable sections of Companies Act, 1956 and rules made thereunder will continue to apply.

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The Companies Act, 2013 :

It is reiterated that the provisions of the Companies Act, 2013 and the rules made thereunder shall be applicable for the Foundation, Executive and Professional Examinations of December , 2016 to the extent these provisions have come into force by 31 st December, 2014. This means that the sections as listed in A and the Rules as listed in B below shall be applicable for December , 2016 Examinations as these have come into force by 31 st December, 2014.

A. Sections of the Companies Act, 2013 which have come into force by 31 st December, 2014
and applicable for December , 2016 Examinations :

Section 2 Clauses (1) to (22), (24) to (28), (29)[ except sub-clause (iv) ] , (30) to (40) , (41) [except first proviso], (42) to (66), (67)[except sub-clause (ix) , (68) to (95); Sections 3, to 6, 7 (except sub-section (7), 8 (except sub- section (9), 9 to 13, 14 (except second proviso to sub section (1) and sub- section (2)), 15 to 47, 49 to 54, 55 except sub-section (3) , 56 to 60, 61 except proviso to clause (b) of subsection (1), 62 except sub- sections (4) to (6), 63 to 65, 67 to 70, 71 except sub- section (9) to (11), 72 , 73, Sub-section (1) of 74, 76 to 96 ,100 to 118, 119 (except sub-section (4)), 120 to 123, 126 to 129, 133 to 139, 140 [except second proviso to sub-section (4) and sub-section (5), 141 to 168, 169 except sub-section (4), 170 to 211, 212 [except sub –section (8) to (10)]; 214, 215, 216 [except subsection (2)], 217, 219, 220, 223, 224[except sub- section (2) and (5)], 225, 228, 229, 366, to 369, 370[except proviso], 371, 374, 379 to 389, 390, Sub-section (1) 391, 392 to 398, 399 except reference of word Tribunal in sub- section (2), 400 to 414, 439, 442 to 464 and 467 to 470 ; Schedule I, II, III,IV,V,VI and VII.

B. The Rules under the Companies Act, 2013 which have come into force by 31 st December,
2014 and applicable for December , 2016 Examinations :

1. Companies (Corporate Social Responsibilities ) Rules, 2014
2. Companies (Specification of definition details) Rules, 2014
3. Companies (Incorporation) Rules , 2014
4. Companies(Prospectus and Allotment) Rules, 2014
5. Companies (Issue of Global Depository Receipts) Rules, 2014.
6. Companies(Share Capital and Debentures) Rules, 2014
7. Companies (Acceptance of Deposits) Rules, 2014.
8. Companies (Registration of Charges) Rules, 2014
9. Companies(Management and Administration) Rules, 2014
10. Companies (Declaration and Payment of Dividend) Rules, 2014.
11. Companies (Accounts) Rules, 2014.
12. Companies (Audit and Auditors) Rules, 2014.
13. Companies(Appointment and Qualification of Directors) Rules 2014
14. Companies(Meetings of Board and its powers) Rules 2014
15. Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014.
16. Companies (Inspection, Investigation and Inquiry) Rules, 2014
17. Companies (Authorized to Registered) Rules, 2014
18. Companies (Registration Offices and Fees) Rules, 2014
19. Nidhi Rules, 2014.
20. Companies (Registration of Foreign Companies) Rules, 2014.
21. Companies (Adjudication of Penalties) Rules, 2014.
22. Companies (Miscellaneous) Rules, 2014.
23. NCLT(Salary, allowances and other terms and conditions of service of president and other
members) Rules, 2013
24. NCLAT(Salaries, Allowances and other terms and conditions of service of chairperson and
other members) Rules, 2013
25. The Companies (Cost Records and Audit) Rules, 2014
26. The Companies (Cost Records and Audit) Amendment Rules, 2014
27. The Companies (Central Government’s) General Rules and Forms Amendment Rules, 2014
28. The Company Law Board (Fees on Applications and Petitions) Amendment Rules, 2014
29. The Companies (Accounts) Amendment Rules, 2014
30. The Companies (Audit and Auditors) Amendment Rules, 2014
31. The Companies (Appointment and Qualification of Directors) Amendment Rules, 2014
32. The Companies (Corporate Social Responsibility Policy) Amendment Rules, 2014
33. The Companies (Meetings of Board and its Powers) Second Amendment Rules, 2014
34. The Companies (Management and Administration) Second Amendment Rules, 2014
35. The Companies (Specification of definitions details) Amendment Rules, 2014.
36. The Companies (Miscellaneous) Amendment Rules, 2014
37. The Companies (Prospectus and Allotment of Securities) Amendment Rules, 2014
38. The Companies (Management and Administration) Amendment Rules, 2014
39. The Companies (Share capital and Debentures) Amendment Rules, 2014
40. The Companies (Declaration and Payment of Dividend) Amendment Rules, 2014
41. The Companies (Meetings and Powers of Board) Amendment Rules, 2014
42. The Companies (Appointment and Remuneration of Managerial Personnel) Amendment
Rules, 2014
43. The Companies (Acceptance of Deposits) Amendment Rules, 2014
44. The Companies (Registration Offices and Fees) Amendment Rules, 2014

The Companies Act, 1956 :

It is also reiterated that the provisions of the Companies Act, 1956 and the rules made thereunder shall be applicable for the Foundation, Executive and Professional Examinations of June, 2016 to the extent these provisions continue to be in force as on 31 st December, 2014. This means that the sections as listed in A and the Rules as listed in B below shall be applicable for June, 2016 Examinations as these continue to be in force as on 31 st December, 2014.

A. Sections of the Companies Act, 1956 which continue to be in force as on 31st December, 2014 and applicable for December , 2016 Examinations :

Sections 10,10E,10F, Proviso to sub section (1) of section 31, Sub-section (2A) of section 31, 58A (5), (8) &(10), Proviso to section 80A(l) and 80A(2), Sub- section (4), (5) &(7) of section 81, 94A, 100 to 107, 117B(4), Sub- section (4) & (5) of section 117C, 167, 168, 186, 196(4), 205A, 205B, 205C, 210A, Proviso to sub section (3) of section 225, 237, 243, Sub-section (1A) of section 247, 250, 250A, 251, Sub-section (4) of section 284, 390 to 394, 394A, 395, 396, 396A, 397, 398, 399, 401 to 404, 406, 407, 425 to 560, proviso to section 577, 580, 581, 581A to 581ZT, 582 to 587, 589, 590, 602(b) & (c), 621A, 622, 634A, 635B, 645, 652, to 655 and 658.

B. The Rules under the Companies Act, 1956 which continue to be in force as on 31st December, 2014 and applicable for December , 2016 Examinations :

1. Companies (Court) Rules, 1959
2. Companies Liquidation Accounts Rules, 1965
3. Companies (Official Liquidator’s Accounts) Rules, 1965
4. Companies Law Board Regulations, 1991
5. Companies Law Board(Fees on Applications and Petitions) Rules, 1991
6. Company Law Board (Qualifications, Experience and other conditions of service of
members) Rules, 1993
7. The Offices of the Company Law Board Benches ( Destruction of Records)
Rules,1980
8. Investor Education and Protection Fund(Awareness and Protection of
Investors)Rules, 2001
9. Producer Companies (General Reserve) Rules, 2003
10. Companies ( Accounting Standards) Rules, 2006
11. Companies (Filing of Documents and Forms in Extensible Business Reporting
Language) Rules, 2012.

Comparative Table

A table containing provisions of Companies Act, 2013 as notified upto date and corresponding
provisions thereof under Companies Act, 1956 is available for your reference at Academic corner at
the link https://www.icsi.edu/docs/website/comparitive_table.pdf .

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