The Companies (Incorporation) Third Amendment Rules
The Companies (Incorporation) Third Amendment Rules
The MCA amend the Companies Incorporation Rules
by Notification dated : 27.07.2016. This rules may be called Company
(Incorporation) Third Amendment Rules
Rule No.
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Earlier Provisions
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Amended Rules
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Effects of Amendment
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Rule 3(2)
Substituted
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No person shall be eligible to incorporate more than a
One Person Company or become nominee in more than one such company.
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A Natural person shall not be
member of more than a One person Company at any point of time and the said
person shall not be nominee of more than a One Person company”
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Earlier a person can only be
member of OPC or nominee of OPC. Earlier a person can’t be Nominee of a OPC
and Member of a OPC.
But after amendment rules a person can be Nominee in one OPC and member
in one OPC simultaneously.
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Rule 8(2)(ii)
Substituted
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it
includes the name of a registered trade mark or a trade mark which is subject
of an
application for registration, unless the consent of the owner or applicant
for registration,
of the trade mark, as the case may be, has been obtained and produced
by the
promoters;
|
it
includes the name of a registered trade mark or a trade mark which is subject
of an
application for registration under the Trade Marks
Act, 1999 and rules framed thereunder, unless the consent of the owner
or applicant for registration, of the trade mark, as the case may be, has been
obtained and produced
by
the promoters;
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There is no such
effect of substitution.
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Rule 8(6)(n)
Removal of ,
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The following words and combinations thereof shall not be
used in the name of a company unless the previous approval of the Central
Government has been obtained for the use of any such word or expression-
Financial, Corporation and the like;
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The following words and combinations thereof shall not be
used in the name of a company unless the previous approval of the Central
Government has been obtained for the use of any such word or expression-
Financial Corporation and the like
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Earlier for using of work
Financial or Corporation approval of Central Government was mandatory.
But after removal of ‘,’ approval of Central government required for
approval of word “Financial corporation” not Financial or Corporation.
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Rule 13(2)
Add Explanation
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(1) The memorandum and articles of
association of the company shall be signed by each
subscriber to the memorandum, who
shall add his name, address, description and
occupation, if any, in the presence
of at least one witness
(2) Where a subscriber to the
memorandum is illiterate, he shall affix his thumb impression
or mark which shall be described
as such by the person, writing for him, who shall place the
name of the subscriber against or
below the mark and authenticate it by his own signature
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For the purpose of
sub-rule (1) and sub rule (2) the type written or printed particulars of the
subscribers and witness shall be allowed as if it is written by the
subscriber and witness respectively so long as the subscriber and the witness
as the case may be appends his or her signature or thumb impression, as the
case may be”
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Earlier it was
mandatory for the subscriber to written his name, address, description etc by
hand writing, if literate.
If subscriber is not
literate, then a person in his presence writing for him.
But by the adding of the
explanation.
Now the “Type Written” or
“Printed” particulars of the subscriber and witness shall be allowed. If
subscriber or the witness appends his or her signature or thumb impression.
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Rule 16(1)(m)
Add explanation
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The following particulars of every
subscriber to the memorandum shall be filed with the
Registrar-
Proof of Identity:
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In case the subscriber is already holding a valid DIN,
and the particular provided therein have been updated as on the date of
application and the declaration on this effect is given in the application,
the proof of identity and residence need not be attached.
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Earlier it was mandatory for the subscriber to file his
‘proof of identity’ while incorporation of Company.
But by the adding of
the explanation
If the subscriber
holding din and same has been updated on MCA “there is no need to attached
proof of identity in the incorporation form”.
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Rule 16(1)(q)
Omitted
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the promoter or
first director shall self attest his signature and latest
photograph in Form
No. INC-10.]
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Omitted
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As per the Omission
there is no need to attached INC-10 for Director and Promoters for
Incorporation of Company.
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Rule 26
Substituted
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No such provision earlier
The Central Government may as and when required, notify
the other documents on
which the name of the company shall be printed.
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Every Company which has a website for conducting online
business or otherwise, shall disclose/ publish its name, address of its
registered office, the CIN, Tel No, Fax No. if any, email and the name of
person who may be contacted in case of any queries or grievances on the
landing/ home page of the said website.
The Central Government may as and when required, notify
the other documents on
which the name of the company shall be printed.
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Earlier there was no such provision.
Effect of
substitution:
Now It is “mandatory for all the companies” which have website
to disclose all the details mentioned below on the home page of the website:
-
Name
-
Registered Office
-
CIN
-
Tel No.
-
Fax if any
-
Email ID
-
Name of Person to contact for Query and Grievance
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Rule 28(2)
Add Proviso
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Provided further
that the shifting of registered office shall not be allowed if any inquiry, inspection
or investigation has been initiated against the company or any prosecution is
pending against the company under the Act.
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Provided also that
on completion of such inquiry, inspection or investigation as a consequence
of which no prosecution is envisaged or no prosecution is pending, shifting
of registered office shall be allowed.
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It is just a
clarification.
After insertion of
this proviso:
On completion of
inquiry, inspection or investigation shifting of registered office shall be
allowed.
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Rule 29(1)
Addition of Proviso
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(1) The change of name shall not be allowed to a company
which has defaulted in
filing its annual returns or financial statements or any
document due for filing with the Registrar or which has defaulted in
repayment of matured deposits or debentures or interest on deposits or
debentures.
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Provided that a change of name shall be allowed upon
filing necessary documents or payment or repayment of matured deposits or
debentures or interest thereon as the case may be.
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It is just a clarification.
After insertion of this proviso:
On completion of pending annual filing or payment of
matured deposit or debenture or interest there on shifting of registered
office shall be allowed.
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Rule 30(1)(i)
Add (j)
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New Addition
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A copy of the NOC
from the RBI where the applicant is a registered NBFC
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This is new addition.
That NOC from the RBI is also required in case of NBFC Company.
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Rule 30(6)(c)
Removal or word
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The company shall at least fourteen days before the date
of hearing-
serve, by registered post with acknowledgement due, a
notice together
with the copy of the application to the Registrar and to
the Securities and
Exchange Board of India, in the case of listed companies
and to the regulatory
body, if the company is regulated under any special Act
or law for the time being
in force.
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The company shall at least fourteen days before the date
of hearing-
serve, by registered post with acknowledgement due, a
notice together
with the copy of the application to the Registrar and
in force.
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After Removal of “
No need to serve notice to SEBI for shifting of
registered office.
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Rule 30(10)
Add explanation
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Provided further
that the shifting of registered office shall not be allowed if any inquiry, inspection
or investigation has been initiated against the company or any prosecution is
pending against the company under the Act.
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Provided also that
on completion of such inquiry, inspection or investigation as a consequence
of which no prosecution is envisaged or no prosecution is pending, shifting
of registered office shall be allowed.
|
It is just a
clarification.
After insertion of
this proviso:
On completion of
inquiry, inspection or investigation shifting of registered office shall be
allowed.
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Thanks for the updates... Divesh Sir...
ReplyDeleteTHANK U SIR
ReplyDeletethank you for the update with a column effect of amendments.
ReplyDeleteIn case the subscriber is already holding a valid DIN, and the particular provided therein have been updated as on the date of application and the declaration on this effect is given in the application, the proof of identity and residence need not be attached. is there any formate for Declaration?
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