Provisions of Companies (Amendment) Act, 2017 w.e.f. 5th March, 2021 in respect of provisions relating to Annual Return



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The Institute of Chartered Accountants of India has announced that certain provisions of the Companies (Amendment) Act, 2017, relating to annual returns, came into effect on 5th March 2021. Specifically, details regarding a company's indebtedness and information on shares held by Foreign Institutional Investors are no longer required in the annual return. Additionally, abridged forms of annual returns have been prescribed for One Person Companies and small companies.

ICAI has issued an announcement with regard to the commencement notification of the provisions of Companies (Amendment) Act, 2017 w.e.f. 05th March 2021 in respect of provisions relating to Annual Return. Read the official announcement below:

Corporate Laws & Corporate Governance Committee
The Institute of Chartered Accountants of India
10th March, 2021

ANNOUNCEMENT

Sub: Commencement notification of the provisions of Companies (Amendment) Act, 2017 w.e.f. 05th March, 2021 in respect of provisions relating to Annual Return

This is to inform you that the Central Government has notified the provisions of clause (i) of section 23 of the Companies (Amendment) Act, 2017 w.e.f. 05th March 2021 i.e. the provisions of sections 92(1) of the Companies Act, 2013.

Accordingly, w.e.f. 05.03.2021 the following particulars as stood on the close of the financial year shall not be required to be furnished in the annual return:

Companies Act 2017 Annual Return Provisions Effective March 5
  • 1. "Its indebtedness"
  • 2. "indicating their names, addresses, countries of incorporation, registration and percentage of shareholding held by them" in respect of shares held by or on behalf of the Foreign Institutional Investors

Further, it has been mentioned that the Central Government may prescribe abridged form of annual return for "One Person Company, small company and such other class or classes of companies as may be prescribed.

The Central Government has prescribed abridged form of annual return for "One Person Company, small company.

Notification is available at the link-
http://mca.gov.in/Ministry/pdf/CommencementNotification_05032021.pdf

Members may note the above.

Sincerely Yours,

Chairman and Vice Chairman
Corporate Laws & Corporate Governance Committee
The Institute of Chartered Accountants of India

FAQ :

The provisions relating to annual returns under the Companies (Amendment) Act, 2017, became effective from 5th March 2021.

As of 5th March 2021, a company's indebtedness and details of shares held by or on behalf of Foreign Institutional Investors (including their names, addresses, countries of incorporation, registration, and percentage of shareholding) are no longer required to be furnished in the annual return.

Yes, the Central Government has prescribed an abridged form of annual return for One Person Company and small company.

The announcement was issued by The Institute of Chartered Accountants of India (ICAI) through its Corporate Laws & Corporate Governance Committee.




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