The MCA vide Notification No. F. No. 1/1 2018-CL. I, dated March 5, 2021, has notified March 5, 2021 as the appointed date on which the provisions of Section 23(i) of the Companies (Amendment) Act, 2017 shall come into force, by way of which Section 92 of the Companies Act, 2013 (“Companies Act”) that deals with the Annual Return has been amended.
The amended Section 92(1) of the Companies Act, now reads as below:
“92. Annual Return.
(1) Every company shall prepare a return (hereinafter referred to as the annual return) in the prescribed form containing the particulars as they stood on the close of the financial year regarding-
(a) its registered office, principal business activities, particulars of its holding, subsidiary and associate companies;
(b) its shares, debentures and other securities and shareholding pattern;
(d) its members and debenture-holders along with changes therein since the close of the previous financial year;
(e) its promoters, directors, key managerial personnel along with changes therein since the close of the previous financial year;
(f) meetings of members or a class thereof, Board and its various committees along with attendance details;
(g) remuneration of directors and key managerial personnel;
(h) penalty or punishment imposed on the company, its directors or officers and details of compounding of offences and appeals made against such penalty or punishment;
(i) matters relating to certification of compliances, disclosures as may be prescribed;
(j) details, as may be prescribed, in respect of shares held by or on behalf of the Foreign Institutional Investors; and
(k) such other matters as may be prescribed,
and signed by a director and the company secretary, or where there is no company secretary, by a company secretary in practice:
Provided that in relation to One Person Company and small company, the annual return shall be signed by the company secretary, or where there is no company secretary, by the director of the company.
Provided further that the Central Government may prescribe abridged form of annual return for “One Person Company, small company and such other class or classes of companies as may be prescribed.”
The Notification can be accessed at: http://www.mca.gov.in/Ministry/pdf/CommencementNotification_05032021.pdf