Companies (Share Capital and Debentures) Amendment Rules, 2016

CLR Notes: The below amendment affects Rule 17 related to Buyback of shares under Section 68 of Companies Act, 2013 – Power of Company to Purchase its own Securities allowing the reference calculations for buy back on the basis of unaudited accounts with auditors’s limited review (instead of the requirement of audited accounts earlier). The section amended with the said notification can be accessed at the above link.

[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i)]

Government of India

Ministry of Corporate Affairs

Notification

New Delhi, 10^th March, 2016

G.S.R…… (E). – In Exercise of the powers conferred by sub-sections(1) and (2) of section 469 of the Companies Act, 2013(18 of 2013), the Central Government hereby makes the following  rules further to amend the Companies (Share Capital and Debentures) Rules, 2014, namely:-

1. (1) These rules may be called the Companies (Share Capital and Debentures) Amendment Rules, 2016.
(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Companies (Share Capital and Debentures) Rules, 2014, in rule 17, in sub-rule(1), in clause(n), after sub-clause(iii), the following proviso shall be inserted, namely:-
“Provided that where the audited accounts are more than six months old, the calculations with reference to buy back shall be on the basis of un-audited accounts not older than six months from the date of offer document which are subjected to limited review by the auditors of the company.”.

[F.No. 01/04/2013 CL-V (part-II)]

(Amardeep Singh Bhatia)

Joint Secretary to the Government of India

Note :- The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section(i) vide number G.S.R. 265(E) dated 31^st March, 2014 and subsequently amended vide notification as detailed below:-

SI.No	Notification Number	Date
1.	G.S.R. 413(E)	18.06.2014
2.	G.S.R. 210(E)	18.03.2015
3.	G.S.R. 439(E)	29.05.2015
4.	G.S.R. 841(E)	06.11.2015