Companies (Incorporation) Amendment Rules, 2020
MINISTRY OF CORPORATE AFFAIRS vide notification / Gazette
id No. CG-DL-E-22022020-216319 issued and published dated 22nd
February 2020, has published Companies
(Incorporation) Amendment Rules, 2020 in exercise of the powers conferred
by sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of
2013) to amend the Companies
(Incorporation) Rules, 2014
·
Applicability:
They
shall come into force with effect from the
23rd February, 2020.
View Spice form at : http://egazette.nic.in/WriteReadData/2020/216319.pdf
View Spice form at : http://egazette.nic.in/WriteReadData/2020/216319.pdf
Changes Occurred
1. In the Companies (Incorporation) Rules, 2014 (hereinafter
referred to as the said rules), for rule 9, the following rule shall be
substituted, namely:-
1.
“9.
Reservation of name or change of name.- An application for reservation of name
shall be made through the web service available at www.mca.gov.in by using web
service SPICe+ (Simplified Proforma for Incorporating Company Electronically
Plus: INC-32), and for change of name by using web service RUN (Reserve Unique
Name) along with fee as provided in the Companies (Registration Offices and
Fees) Rules, 2014, which may either be approved or rejected, as the case may
be, by the Registrar, Central Registration Centre after allowing re-submission
of such web form within fifteen days for rectification of the defects, if any,
with effect from the 23rd February, 2020.”
2.
In the said rules, in rules 10, 12, sub-rule (1) of rule 19,
sub-rules (1), (2), (3), (4), (7) and (9) of rule 38, for the words, letters,
figures and brackets,, “Form No INC-32 (SPICe), wherever they occur, the
letters, brackets, words and figures “SPICe+ (Simplified Proforma for
Incorporating Company Electronically Plus: INC-32)” shall be substituted with
effect from the 23rd February, 2020.
3.
In the said
rules, in rule 38, in the marginal heading, for the word, brackets and letters
“Electronically (SPICE)”, the words, brackets and letters “Electronically Plus
(SPICE+)” shall be substituted with effect from the 23rd February, 2020.
4.
In the said
rules, in rule 38A,-
(i)
in the marginal
heading, for the words, brackets and letters “and Employees’ Provident Fund
Organisation (EPFO) Registration”, the words, brackets and letters “,Employees’
Provident Fund Organisation (EPFO) Registration and Profession Tax Registration
and Opening of Bank Account” shall be substituted;
(ii)
for the
letters “AGILE”, the letters “AGILE-PRO”, shall be substituted;
(iii)
after clause (c),
the following clauses shall be inserted, namely:-
“(c) Profession Tax Registration with
effect from the 23rd February, 2020
(d) Opening of Bank Account with
effect from 23rd February, 2020.”.
5.
for forms
“RUN, e-form No INC-32 (SPICe), and e-form No.INC-35 (AGILE), the forms shall
be substituted by
-
SPICe+ (Simplified Performa for Incorporating Company
Electronically Plus)
(“[Pursuant to sections 4, 7, 8(1), 12, 152 and 153 of the
Companies Act, 2013 read with rules made thereunder] – FORM NO. INC-32)
-
AGILE-PRO (Application for Goods and services
tax Identification number, employees state Insurance corporation registration
pLus Employees provident fund organization registration, Profession tax
Registration and Opening of bank account)
-RUN
form (for change of name only)
Disclaimer:
IN NO EVENT THE AUTHOR SHALL BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM OR
ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS INFORMATION.
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