In section 2 of the Companies Act, 2013 (hereinafter referred to as the principal Act),—
in clause (6), for the Explanation, the following Explanation shall be substituted, namely:—
'Explanation.— For the purpose of this clause,—
- the expression "significant influence " means control of at least twenty per cent. of total voting power, or control of or participation in business decisions under an agreement;
- the expression "joint venture " means a joint arrangement whereby the parties that have joint control of the arrangement have rights to the net assets of the arrangement;';
for clause (28), the following clause shall be substituted, namely:—
'(28) "Cost Accountant " means a cost accountant as defined in clause (b) of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959 and who holds a valid certificate of practice under sub-section (1) of section 6 of that Act;';
in clause (30), the following proviso shall be inserted, namely:—
"Provided that—
- the instruments referred to in Chapter III-D of the Reserve Bank of India Act, 1934; and
- such other instrument, as may be prescribed by the Central Government in consultation with the Reserve Bank of India, issued by a company,
shall not be treated as debenture;";
in clause (41), in the first proviso, after the word "subsidiary ", the words "or associate company " shall be inserted;
in clause (46), the following Explanation shall be inserted, namely:-
'Explanation. — For the purposes of this clause, the expression "company " includes any body corporate;';
clause (49) shall be omitted;
in clause (51),—
- in sub-clause (iv), the word "and " shall be omitted;
- for sub-clause (v), the following sub-clauses shall be substituted, namely:—
in clause (57), for the words "and securities premium account ", the words ", securities premium account and debit or credit balance of profit and loss account," shall be substituted;
in clause (71), in sub-clause (a), after the word "company;", the word "and " shall be inserted;
in clause (72), in the proviso, in clause (A), after the words “State Act”, the words “other than this Act or the previous company law” shall be inserted;
in clause (76), for sub-clause (viii), the following sub-clause shall be substituted, namely:—
"(viii) any body corporate which is—
(A) a holding, subsidiary or an associate company of such company;
(B) a subsidiary of a holding company to which it is also a subsidiary;
or
(C) an investing company or the venturer of the company;";
Explanation.—For the purpose of this clause, “the investing company or the venturer of a company” means a body corporate whose investment in the company would result in the company becoming an associate company of the body corporate.
in clause (85),—
- in sub-clause (i), for the words "five crore rupees ", the words "ten crore rupees " shall be substituted;
- in sub-clause (ii),—
in clause (87), in sub-clause (ii), for the words “total share capital”, the words “total voting power” shall be substituted;
for clause (91), the following clause shall be substituted, namely:—
'(91) "turnover " means the gross amount of revenue recognised in the profit and loss account from the sale, supply, or distribution of goods or on account of services rendered, or both, by a company during a financial year;'.