Thursday 31 March 2016

MCA Updates


  • Ministry of Corporate Affairs (MCA) has issued Removal of Difficulties order u/s 470(1) of the Companies called as the Companies (Removal of Difficulties) First Order, 2016
Ø  The said order is effective from 10th April, 2015
Ø  The order clarifies that till the time National Financial Reporting Authority is constituted Central government may constitute committee chaired by an officer of the rank of Joint Secretary or equivalent in the MCA and the representatives from the Institute of Chartered Accountants of India and Industry Chambers and also special invitees from the National Advisory Committee on Accounting Standards and the office of the Comptroller and Auditor-General to prescribe  class or description of companies that the auditor’s report shall also include a statement on such matters as may be specified therein.
Ø  The necessary clarification has inserted in the form of proviso u/s 143(11) which is as follows:
Provided that until the National Financial Reporting Authority is constituted under section 132, the Central Government may hold consultation required under this sub-section with the Committee chaired by an officer of the rank of Joint Secretary or equivalent in the Ministry of Corporate Affairs and the Committee shall have the representatives from the Institute of Chartered Accountants of India and Industry Chambers and also special invitees from the National Advisory Committee on Accounting Standards and the office of the Comptroller and Auditor-General”.
Ø  The Removal of Difficulty order can be downloaded from the following link:


  • MCA has also issued Removal of Difficulties Second order called as the Companies (Removal of Difficulties) Second Order, 2016.
Ø  The said order is effective from 1st April, 2015
Ø  The order clarifies that till the time National Financial Reporting Authority is constituted Central government may prescribe the accounting standards as recommended by the Institute of Chartered Accountants of India in consultation with and after the examination of the recommendations made by National Advisory Committee on accounting standards constituted u/s 210A of the Companies Act, 1956.
Ø  The necessary clarification has inserted in the form of proviso u/s 133 which is as follows:
Provided that until the National Financial Reporting Authority is constituted under section 132of the Companies Act, 2013 (18 of 2013) the Central government may prescribe the standards of accounting or any addendum thereto,   as recommended by the Institute of Chartered Accountants of India, constituted under section 3 of the Chartered Accountants Act, 1949(38 of 1949), in consultation with and after the examination of the recommendations made by National Advisory Committee on accounting standards constituted u/s 210A of the Companies Act, 1956.
Ø  The Removal of Difficulty order can be downloaded from the following link:


  • MCA in supersession of the Companies (Auditor’s Report) Order, 2015, the central government after consultation with the committee constituted under proviso to section 143(11) has issued Companies (Auditor’s Report) Order, 2016.

Ø  The said order is effective from the financial year 2015-16
Ø  The Order is applicable to every Company including a foreign company as defined in clause (42) of section 2 of the Companies Act, 2013 except                                                        
  • a banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949 (10 of 1949);
  • an insurance company under the Insurance Act,1938 (4 of 1938);
  • a company licensed to operate under section 8 of the Companies Act;
  • a One Person Company as defined under clause (62) of section 2 of the Companies Act and a small company as defined under clause (85) of section 2 of the Companies Act; and
  • a private limited company, not being a subsidiary or holding company of a public company, having a paid up capital and reserves and surplus not more than rupees one crore as on the balance sheet date and which does not have total borrowings exceeding rupees one crore from any bank or financial institution at any point of time during the financial year and which does not have a total revenue as disclosed in Scheduled III to the Companies Act, 2013 (including revenue from discontinuing operations) exceeding rupees ten crore during the financial year as per the financial statements.


Ø  The Companies (Auditor’s Report) Order, 2016 can be downloaded from following link:


  • MCA has issued notification as Companies (Accounting Standards) Amendment Rules, 2016 and vide this following Accounting Standards have been amended and substituted:
Ø  The notification is effective from the date of its publication in official gazette
1.      Accounting Standards (AS) 2 Valuation of Inventories
2.    Accounting Standards (AS) 4 Contingencies and events Occurring after Balance Sheet Date
3.    Accounting Standards (AS) 10 Property, Plant and Equipment
4.    Accounting Standards (AS) 13 Accounting for Investments
5.   Accounting Standards (AS) 14 Accounting for Amalgamation
6.   Accounting Standards (AS) 21 Consolidated Financial Statements
7.  Accounting Standards (AS) 29 Provisions, Contingent Liabilities and Contingent Assets
Ø  Accounting Standard 6 on Depreciation Accounting is omitted.
Ø  The Notification can be downloaded from the following link:


  • MCA has issued notification amending the Companies (Share Capital and Debentures) Rules, 2014
Ø  The notification is effective from the date it is published in Official Gazette
Ø  The said amendment allows the offer period for buyback to be less than 15 (Fifteen) days if the all the members of the company agree.
Ø  The amendment has been inserted in the form of proviso under rule 17(5) which is as follows:
“Provided that where all the members of the Company agree, the offer for buy back may remain open for a period less than fifteen days.”    
Ø  The Notification can be downloaded from the following link:


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