ADMS & Co. Companies Act Key Highlights from Finance Minister’s announcements related to Companies Act, IBC and Banking law

Key Highlights from Finance Minister’s announcements related to Companies Act, IBC and Banking law

Relaxation related to Companies Act, 2013
1. Moratorium
 
No additional fees shall be charged for late filing during a moratorium period from April 01, 2020 to September 30, 2020, in respect of any document, return, statement etc., required to be filed in the MCA-21 Registry.
 
2. Relaxation with regard to Board meetings
 
Relaxation has been given in respect of holding boarding meetings till 60 days till the next 2 Quarters. The mandatory requirement of holding meetings of the Board of the companies within prescribed interval provided in the Companies Act (120 days), 2013, shall be extended by a period of 60 day still next two quarters i.e., till 30th September
 
3. Independent director
 
As per Schedule 4 to the Companies Act, 2013, Independent Directors are required to hold at least one meeting without the attendance of Non-independent directors and members of management. For the year 2019-20, if the IDs of a company have not been able to hold even one meeting, the same shall not be viewed as a violation of provisions of Companies Act, 2013
 
4. Applicability of CARO-20
 
Applicability of CARO-20 which was supposed to be effective from 2019-20 has been shifted to Year 2020-21. This will significantly ease the burden on companies & their auditors for the year 2019-20.
 
5. Commencement of business
 
Newly incorporated companies are required to file a declaration for Commencement of Business within 6 months of incorporation. Additional time of 6 more months given to newly incorporated companies for declaration of commencement of business in e-form 20A. Now, it can be filed up to 1 year from the date of incorporation of company.
 
6. Relaxation for residency requirement for Indian Directors
 
A Company director who doesn’t comply with minimum residency requirement of 182 days or more in India u/s 149 of Companies Act, 2013 shall not be considered as violation.
 
7. Relaxation on Deposits Reserve
 
Requirement to create a Deposit reserve of 20% of deposits maturing during the financial year2020-21 before April 30, 2020 shall be allowed to be complied with till 30th June 2020 Requirement to invest 15% of debentures maturing during a particular year in specified instruments before April 30, 2020, may be done so before June 30, 2020.
 
Relaxation related to Insolvency & Bankruptcy Code, 2016
 
1. Raising of threshold for default value from Rs .1 lakh to Rs .1 cr.
 
Due to the emerging financial distress faced by most companies on account of the large-scale economic distress caused by COVID 19,the threshold for default has been raised from Rs. 1 lakh to Rs. 1 cr to prevent triggering of insolvency proceeding against MSMEs. This would be implemented straight away.
 
2. Govt. may consider Suspension of Section 7, 9 & 10 for 6 months
 
The Govt. may consider whole suspension of Section 7, 9, & 10 of the Insolvency and Bankruptcy Code, 2016 for 6 months if situation continues till Apr, 2020so as to stop companies at large from being forced into insolvency proceedings in such force majeure causes of default.
 
Relaxation related to Banking
 
1. No fee on withdrawal from debit cards
 
Debit card holders can now withdraw cash for free without any additional charges from any bank for next 3 months.
 
2. Waiver of minimum balance charges
 
There will be a complete waiver of minimum balance requirement fee by banks.
 
3. Reduction of bank charges for digital trade transactions:
 
There will be reduction of bank charges for digital trade transactions for all trade finance consumers.