What are the flaws in companies act, 2013?

603 views 1 replies

HI,

Please post your views or comments regarding the flaws or mistakes in the Companies Act, 2013. Lets have a discussion. 

Thank you.

Replies (1)

Errors in Companies Act 2013 not rectified in Companies (Amendment) Bill 2016:

It is surprising that drafting errors  in Companies Act 2013 have not been rectified in Companies (Amendment) Act 2015 and now again  ignored in Companies (Amendment) Bill 2016 also:


1) Section 2(2): There is no reference to any 'companies or class of companies' in Section 133 as wrongly mentioned here.

2) Section 2(68):  In first Proviso, the word ‘clause’ should be read as ‘sub-clause’.

3) Section 4(1)(f): The words 'or his incapacity to contract' should be added after the word 'subscriber' - [See Proviso to Sec.3(1)]....

 

4) Section 55(2)(d):  In the proviso, the word ‘also’ should have been deleted.

5) Section 70(2):  The word ‘section’ should have been deleted.

6) Section 134(3)(d): 'sub-section (6)' should be replaced by 'sub-section (7)'.

7) Section 134(5)(e): The word 'and' should be added at the end of the clause.

8) Section 137: In the heading of the Section, the words 'financial statement' should be replaced by 'financial statements'.

9) Section 233(12):  The word ‘in’ should be added before ‘clause (b)’.

10) Section 243(1): The word 'set' should be replaced by 'sets'.

11) Section 245(1): 'sub-section (2)' should be replaced by 'sub-section (3)'.

12) Section 343(3): The words 'of being heard' should be added after 'opportunity'.

13) Section 465: In third proviso to sub-section (1), the word 'to' should be added after 'referred'.

14) Schedule-I, The word 'of' should be added after 'A.B.' at following places:

a) Table B, Clause 7th
b) Table D, Clause 6th
c) Table E, Clause 7th

15) Schedule-VI: The heading 'Infrastructure Projects/ Infrastructural Facilities' should be provided.

                                                            ***

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
05 July 2026
Financial Controller

NovumLake Partners

Mumbai

CA

View Details
Company
ARTICLESHIP 24 June 2026
ARTICLE ASSISTANT

BHUPINDER SHAH AND COMPANY

New Delhi

CA Inter

View Details
Company
Featured 15 June 2026
Senior Auditor

N. Dhawan & Co

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 20 June 2026
Articleship

RB KESHRI & CO

Mumbai

B.Com

View Details
Company
29 June 2026
Accountant (Finance & Compliance)

TRIEYEZ

Kolkata

CA

View Details
Company
Featured 24 June 2026
HEAD - AUDIT AND TAXATION

A R JADHAV AND ASSOCIATES

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 30 June 2026
2 posts Article assistant and Articleship completed students

Chirag N Shah & Associates

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 27 June 2026
CA Articled Trainee And Paid Assistant

SKAA & Associates

New Delhi

CA Inter

View Details