Difference between Companies Act 2013 vs Companies Act 1956
Sl No | Point | Companies Act 2013 | Companies Act 1956 |
1 | Financial Year | Companies must have their financial year ending on 31 Mar every year | Companies were permitted to have financial year ending on a date decide by Company |
2 | Formats of Financial Statement | Schedule III | Schedule VI |
3 | Maximum No of Partners | As per rules, subject to Max 100.currently is 50 . | 10 in banking business and 20 in any other business. |
4 | Max Shareholders in Pvt Ltd Company | 200 excluding past and present employees | 50 excluding past and present employees |
5 | One Person Company (OPC) | Company which has only one person (natural person) as its member | Did not exist |
6 | Issue of Share at discount | Section 53 prohibits issue of shares at a discount However, Section 54 permits issue of ESOPs to its employees at a discount. | Section 79 permitted issue of shares at a discount. |
8 | Security Premium Reserve | Utilisation of Securities Premium Reserve is provided in Section 52(2) | Utilisation of Securities Premium Reserve was provided in Sec 77A and 78 |
9 | Article of Association | Table F applies where Companies Limited by shares does not adopt their own Articles of Association. | Table A applied where Companies did not adopt their own Articles of Association. |
10 | Interest in Calls in Arrears | In the absence of a clause in the Articles of Association, the maximum interest chargeable on Calls-in-arrears is 10% p.a. | In the absence of a clause in the Articles of Association, maximum interest chargeable on Calls-in-arrears was 5% p.a. |
11 | Interest in Calls in Advance | In the absence of a clause in the Articles of Association, the maximum interest payable on Calls-in-advance is 12% p.a. | In the absence of a clause in the Articles of Association, the maximum interest payable on Calls-in-advance was 6% p.a. |
12 | Minimum Subscription | Sec39 a company shall not allot Securities unless the amount stated in the prospectus as minimum subscription has been subscribed & the sum paid | Sec 69 the requirement of minimum subscription was with respect to Shares only
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