Sl No.

Chapter/Section number/Sub-section(s) in the Companies Act, 2013

Exceptions/  Modifications/Adaptations

(1)

(2)

(3)

1.

Chapter I, sub-clause (viii) of clause 76 of section 2.

Shall not apply with respect to section 188

2.

Chapter IV, section 43 and section 47.

Shall not apply where memorandum or articles of association of the private company so provides.

3.

Chapter IV, sub-clause of clause (a) of sub-section (1) and sub-section (2) of section 62

Shall apply with following modifications:-
In clause (a), in sub-clause (i), the following proviso shall be inserted, namely:
Provided that notwithstanding anything contained in this sub-clause and sub section (2) of this section, in case ninety per cent of the members of a private company have given their consent in writing or in electronic mode, the periods lesser than those specified in the said sub clause or sub-section shall apply,

4.

Chapter IV, clause (b) of sub-section (1) of section 62.

In clause (b), for the words "special resolution", the words "ordinary resolution" shall be substituted.

5.

Chapter IV, section 67

Shall not apply to private companies -
(a) in whose share capital no other body corporate has invested any money;
(b) if the borrowings of such a company from banks or financial institutions or any body corporate is less than twice its paid up share capital or fifty crore rupees, whichever is lower; and
(c) such a company is not in default in repayment of such borrowings subsisting at the time of making transactions under this section.

6.

Chapter V, clauses (a) to (e) of subsection

(2) of section 73.

Shall not apply to a private company which accepts from its members monies not exceeding one hundred per cent. of aggregate of the paid up share capital and free reserves, and such company shall file the details of monies so accepted to the Registrar in such manner as may be specified.

7.

Chapter VII, sections 101 to 107 and section 109.

Shall apply unless otherwise specified in respective sections or the articles of the company provide otherwise.

8.

Chapter VII, clause (g) of sub-section (3) of section 117.

Shall not apply

9.

Chapter X, Clause (g) of sub-section (3) of section 141.

Shall apply with the modification that the words "other than one person Companies or dormant companies, small companies and private companies having paid-up share capital less than one hundred crore rupees" shall be inserted after the words "twenty companies".

10.

Chapter XI, section 160.

Shall not apply

11.

Chapter XI, section 162.

Shall not apply

12.

Chapter Xll, section 180.

Shall not apply

13.

Chapter XII, sub-section (2) of section 184.

Shall apply with the exception that interested director may participate in such meeting after disclosure of his interest.

14.

Chapter Xll, section 185

Shall not apply to a private company -
(a) in whose share capital no other body corporate has invested any money;
(b) if the borrowings of such a company from banks or financial institutions or any body corporate is less than twice of its paid up share capital or fifty crore rupees, whichever is lower; and
(c) such a company has no default in repayment of such borrowings subsisting at the time of making transactions under this section.

15.

Chapter XIl, second proviso to subsection (1) of section 188.

Shall not apply

16.

Chapter XIII, sub-sections (a) and (5) of section 196

Shall not apply