Parliament okays new Companies Bill, makes CSR mandatory


New Delhi, Aug 8 (IANS): Parliament Thursday gave its nod to the new Companies Bill that seeks to enhance compliance and transparency, make corporate social responsibility mandatory and protects the interest of employees and small investors.

The provisions of the bill would ensure prevention of a Satyam-like fraud, the biggest in India's corporate history running into $1.5 billion detected in 2009.

The Rajya Sabha passed the bill Thursday. The Lok Sabha had done so on Dec 18, 2012.

The bill will now go to President Pranab Mukherjee for his assent. The new legislation will come into effect with notification by the corporate affairs ministry after the presidential assent.

The new law will replace the nearly six-decade-old Companies Act of 1956.

Replying to the debate on the bill in the Rajya Sabha, Corporate Affairs Minister Sachin Pilot said it sought to bring India's corporate governance in sync with the changing business environment of the 21st century.

Pilot said the bill was progressive and the main focus was on enhancing transparency and compliance and it would help growth of the economy.

"For the next two to three decades, this (new legislation) will bring positivity in the economy," said Pilot adding that the views of all the stakeholders, including industry chambers, have been taken into consideration.

"The focus of the bill is to enhance transparency and ensure fewer regulations, self-reporting and disclosure," Pilot said.

The bill was first introduced in the Lok Sabha in August 2009. It was referred to the standing committee on finance a month later. It was brought back to the Lok Sabha as Companies Bill 2011, but again referred to the standing committee.

The bill was cleared by the Lok Sabha after the standing committee submitted its report in June 2012.

"This legislation is indeed a milestone in the history of company law and will revolutionise the administration and management of businesses in the times to come," said Naina Lal Kidwai, president, Federation of Indian Chambers of Commerce and Industry (FICCI).

Kidwai said the Bill had introduced several changes and concepts which would simplify regulations and bring greater clarity and transparency in managing businesses. "The global environment calls for economic laws and regulations that are effective and efficient, have a reasonable compliance cost and keep Indian businesses competitive."

"Now that the law is ready, it is time to focus and work on the practical aspects of complying with its provisions," said Chandrajit Banerjee, director general, Confederation of Indian Industry (CII).

Banerjee said the new Companies Bill is commensurate with "global standards vis-à-vis disclosure requirements, increased democratic rights for shareholders, self-regulation and accountability."

At the same time, it also sought to restrain the management powers of promoters, who nurture the company during its initial stages and provide the seed capital.

"In a country where 75-80 percent of the businesses are family-run/promoter-driven, we hope that the new law would be able to achieve the fine balancing between ownership and management, which is crucial for success of any enterprise and also fostering the spirit of entrepreneurship," he said.

 

Salient features of the new Companies Bill

* Companies are required to spend at least two percent of their net profit on Corporate Social Responsibility

* To help in curbing a major source of corporate delinquency, introduces punishment for falsely inducing a person to enter into any agreement with a bank or financial institution to obtain credit facilities.

* The limit of the maximum number of companies in which a person may be appointed as auditor has been pegged at 20.

* Appointment of auditors for 5 years shall be subject to ratification at every Annual General Meeting

* Independent directors to be excluded for the purpose of computing one-third of retiring directors

* Whole-time director has been included in the definition of the term key managerial personnel.

* Maximum number of directors in a private company increased from 12 to 15 which can be further increased by a special resolution.

* The term private placement has been defined to bring clarity.

* Financial year of any company can only end on March 31. The only exception is for companies which are a holding/subsidiary of a foreign entity requiring consolidation outside India.

  

Top Stories

Comment on this article

  • Leslie fernandes, Brahmagiri, Udupi

    Fri, Aug 09 2013

    CSR must be spontanious and unforced...
    We can not force anyone to part with their wealth if they do not wish to...

    DisAgree [1] Agree [1] Reply Report Abuse

  • flavian dsouza, chik/banaglore

    Thu, Aug 08 2013

    Good bill overall. CSR is a great initiative but need to regulate NGO's for misuing these funds.

    DisAgree Agree [6] Reply Report Abuse

  • Valerian Dsouza, Udupi/Mumbai

    Thu, Aug 08 2013

    In tune with economic liberalization,IFRS (International financial Reporting Standard) is implemented in India in a phased manner in the place of GAAP. (Generally accepted Accounting Practice)
    New Companies Bill was inevitable with "global standards vis-à-vis disclosure requirements.
    GST (Goods & Service Tax) is also long awaited to reform our out dated multiple taxation system!
    Multiple labour laws also should be consolidated and harmonized throughout the nation.

    DisAgree Agree [12] Reply Report Abuse

  • Vincent Rodrigues, Katapadi/Bangalore

    Thu, Aug 08 2013

    This is really a good bill to potect the employees and interst of small investors with other so many safe guards to protect the company and public.Hope this bill do the needful in safeguarding our companies better.Thanq.

    DisAgree Agree [9] Reply Report Abuse


Leave a Comment

Title: Parliament okays new Companies Bill, makes CSR mandatory



You have 2000 characters left.

Disclaimer:

Please write your correct name and email address. Kindly do not post any personal, abusive, defamatory, infringing, obscene, indecent, discriminatory or unlawful or similar comments. Daijiworld.com will not be responsible for any defamatory message posted under this article.

Please note that sending false messages to insult, defame, intimidate, mislead or deceive people or to intentionally cause public disorder is punishable under law. It is obligatory on Daijiworld to provide the IP address and other details of senders of such comments, to the authority concerned upon request.

Hence, sending offensive comments using daijiworld will be purely at your own risk, and in no way will Daijiworld.com be held responsible.