Pursuant to the notification dated June 13, 2018 issued by the Ministry of Corporate Affairs, the following sections have been notified under the Companies (Amendment) Act, 2017 (“Amendment Act”):
i. Section 22: Pursuant to which, Section 92 of the Companies Act, 2013 (“Companies Act”) which deals with “Register of significant beneficial owners in a company” has been substituted.
ii. Section 24: Pursuant to which, Section 93 of the Companies Act has been omitted.
iii. Section 25: Pursuant to which, Section 94 of the Companies Act which deals with “Place of keeping and inspection of registers, returns, etc.” has been amended.
iv. Section 26: Pursuant to which, Section 96 of the Companies Act which deals with “Annual General Meetings” has been amended
v. Section 71: Pursuant to which, Section 216 of the Companies Act which deals with “Investigation of ownership of company” has been amended.
It is pertinent to note that pursuant to section 26 of the Amendment Act coming into effect, an annual general meeting of an unlisted company may be held at any place in India if consent is given in writing or by electronic mode by all the members in advance.
Pursuant to notification of section 71 of the Amendment Act, true persons of a company, for the purpose of determining ownership of a company, include persons who have or had beneficial interest in shares of a company or who are or have been beneficial owners or significant beneficial owner of a company.
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