Q: Difference between companies act 1956 and companies act 2013 ?
Ans: Director, woman director, members, , one person company, corporate social responsibility, financial year and e- governance.
Director: The maximum directors according to Companies Act, 1956 are 12. The maximum directors according to Companies Act, 2013 are 15 but by passing a special resolution.
According to section 149(1)(a) of the Companies Act, 2013 , every company
shall have a minimum number of 3 directors in the case of a public
company, two directors in the case of a private company, and one
director in the case of a One Person Company. A company can appoint
maximum 15 fifteen directors but by passing a special resolution according to 149(1)(b) and also the company must have atleast one woman director according to Companies act 149(1)(b).
The maximum members in a private company according to Company Act, 1956
are 50 (Section 68 ) whereas the Maximum members in a private company according to
company act, 2013 are 200 (Section 71) .
One person company does not exist under Companies Act, 1956 whereas one person company exists under Companies Act, 2013.
There was no such provision of women director in company according to
Companies act, 1956 whereas there is a provision of Women director
under Companies act, 2013.
Companies were permitted to decide the date of end of financial year
under Companies Act, 1956 whereas the financial year must end on 31st
March every year.
The
Companies Act 2013 makes it mandatory for listed companies to appoint
at least one woman director. Thus, the penalty under Section 172 of the companies Act , 2013 applies in case of non-compliance regarding the appointment of a woman director. Section 172 of the Act lays down that the company and every officer in default will be punished with a fine that shall not be less than Rs.50,000 but may extend up to Rs.5,00,000.
The
Companies Act, 2013 provides for CSR under section 135. Thus, it is
mandatory for the companies covered under section 135 to comply with the
CSR provisions in India. Companies are required to spend a minimum of
2% of their net profit over the preceding three years as CSR.
According to Section 2 (62) of the Companies Act, 2013, One Person Company means a company which has only one person as a member. It is incorporated as a private company which has only one member. Therefore, a corporation can be registered even when it only has only member.
There was not any provision of e governance under companies act, 1956 whereas there is a provision of e governance under companies act, 2013.
Electronic governance or e-governance implies government functioning with the application of ICT (Information and Communications Technology).
Section 398 of the Companies Act, 2013 legislates provisions relating to filling of applications, documents inspection etc. in electronic form.
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