Applicability of The Companies Act, 2013

Charmi Doshi & Co. | Last updated: 27 October 2020

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Quick Summary

The Companies Act, 2013, applies to companies incorporated under it or previous company laws. It also covers insurance, banking, and electricity generation/supply companies, with specific exceptions if their operations are governed by separate acts like the Insurance Act, Banking Regulation Act, or Electricity Act. The Act extends throughout India and its provisions can be brought into force on different dates.

There is a certain question that comes to mind about which type of companies are covered in The Companies Act, 2013.

Those companies already registered in previous companies’ law i.e. The Companies Act, 1956. Companies that are covered under the Company’s Act are:

Companies Act 2013: Who Does It Apply To

Insurance Companies
Banking Companies
Companies like generation or supply of electricity

There is a certain exception given to the above companies if they are registered under certain acts respectively Insurance Act, 1938 or Insurance Regulatory Development Authority Act, 1999, Banking Regulation Act, 1949 and Electricity Act, 2003.

Companies Act, 2013 is explained in a simple language above, but more specifically and precisely as mentioned below.

Section 1, as per the Companies Act, 2013

1. (1) This Act may be called the Companies Act, 2013.

(2) It extends to the whole of India.

(3) This section shall come into force at once and the remaining provisions of this Act shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

(4) The provisions of this Act shall apply to -

(a) companies incorporated under this Act or under any previous company law;

(b) insurance companies, except in so far as the said provisions are inconsistent with the provisions of the Insurance Act, 1938 (4 of 1938) or the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999);

(c) banking companies, except in so far as the said provisions are inconsistent with the provisions of the Banking Regulation Act, 1949 (10 of 1949);

(d) companies engaged in the generation or supply of electricity, except in so far as the said provisions are inconsistent with the provisions of the Electricity Act, 2003 (36 of 2003);

(e) any other company governed by any special Act for the time being in force, except in so far as the said provisions are inconsistent with the provisions of such special Act; and

(f) such body corporate, incorporated by any Act for the time being in force, as the Central Government may, by notification, specify in this behalf, subject to such exceptions, modifications or adaptation, as may be specified in the notification.

Source/Credit: http://ebook.mca.gov.in/default.aspx

FAQ :

The Companies Act, 2013, extends to the whole of India and applies to companies incorporated under this Act or any previous company law.

Yes, insurance companies are covered, unless their provisions are inconsistent with the Insurance Act, 1938 or the Insurance Regulatory and Development Authority Act, 1999.

Banking companies are covered by the Act, except where its provisions conflict with the Banking Regulation Act, 1949.

These companies are included under the Companies Act, 2013, unless their operations are inconsistent with the Electricity Act, 2003.

Yes, the Central Government can appoint different dates for different provisions of the Act to come into force.