Amendments to Schedule V of CA 2013
MINISTRY OF CORPORATE AFFAIRSNOTIFICATIONNew Delhi, the 12th September, 2018 S.O. 4822(E).—In exercise of the powers conferred by sub-sections (1) and (2) of section 467 of the CompaniesAct, 2013 (18 of 2013), the Central Government hereby makes the following amendments to amend Schedule V of thesaid Act, namely:—2. In Schedule V of the Companies Act, 2013,-(1) in PART I, under title “APPOINTMENTS”,(a) in para (a) after the item (xvi), the following items shall be inserted namely:-“(xvii) the Insolvency and Bankruptcy Code, 2016 (31 of 2016)¹Hkkx IIµ[k.M 3(ii)º Hkkjr dk jkti=k % vlk/kj.k 3(xviii) the Goods and Services Tax Act, 2017 (12 of 2017)(xix) the Fugitive Economic Offenders Act, 2018 (17 of 2018)(b) para (d) shall be omitted.(2) In PART II, under heading“ REMUNERATION”, in Section II – ,(a) in the heading, the words “without Central Government approval” shall be omitted;(b) in the first para, the words “without Central Government approval” shall be omitted;(c) in item (A), in the proviso, for the words “Provided that the above limits shall be doubled” the words“Provided that the remuneration in excess of above limits may be paid” shall be substituted;(d) in item (B), for the words “no approval of Central Government is required” the words “remuneration asper item (A) may be paid” shall be substituted;(e) in Item (B), in second proviso, for clause (ii), the following shall be substituted, namely:-“(ii) the company has not committed any default in payment of dues to any bank or public financialinstitution or non-convertible debenture holders or any other secured creditor, and in case of default, theprior approval of the bank or public financial institution concerned or the non-convertible debentureholders or other secured creditor, as the case may be, shall be obtained by the company before obtainingthe approval in the general meeting.”;(f) in item (B), in second proviso, in clause (iii), the words “the limits laid down in” shall be omitted;(3) In PART II, under the heading “REMUNERATION”, in Section III, –(a) in the heading, the words “without Central Government approval” shall be omitted;(b) in first para, the words “without the Central Government approval” shall be omitted;(c) in clause (b), in the long line, for the words “remuneration up to two times the amount permissible underSection II” the words “any remuneration to its managerial persons”, shall be substituted;(d) clause (d) shall be omitted.(4) In Part II, in section IV, in Explanation VI, the clause (A) shall be omitted. [F. No. 1/5/2013-CL-V]K.V.R.MURTY, Jt. Secy. 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