Companies (Incorporation) Amendment Rules notified by MCA
The MCA has notified the Companies (Incorporation) Amendment Rules, from time to time, to amend the applicable Rules, Forms, Procedures, etc. relating to incorporation of a company.
Companies (Incorporation) Second Amendment Rules, 2018 notified by MCA
The MCA has notified the Companies (Incorporation) Second Amendment Rules, 2018, amending Rule 9 on Reservation of Name and Form ‘RUN’ (Reserve Unique Name). MCA has started accepting two options of proposed names, followed with one Re-submission within 15 days after rectification of defects.
MCA Notifies the “Companies (Incorporation) First Amendment Rules, 2018”
MCA has notified the Companies (Incorporation) Amendment Rules, 2018. Rules 9 (Name Reservation), 12/ 38 (Incorporation) have been amended. Form INC-1 and INC-32 have been replaced with ‘RUN’ (Reserve Unique Name) and SPICe, respectively. Form INC-7 has been omitted and Forms INC 3, 12, 22, 24, 33 and 34 have been amended.
‘Companies (Incorporation) Second Amendment Rules, 2017’ notified by MCA; Rules 28/ 30 relating to shifting of registered office and Forms INC 23/ INC 26 Amended
MCA has issued notification dt. 27 July 2017 on ‘Companies (Incorporation) Second Amendment Rules, 2017’ to amend Rule 28 (shifting registered office within the same state)/ Rule 30 (shifting registered office from one state to another) and ROC Form INC-23/ INC-26 relating to Shifting of Registered Office, applicable with immediate effect, as under:
‘Companies (Incorporation) First Amendment Rules, 2017’ notified by MCA; Form INC-11 (Incorporation certificate) and Form INC-32 (SPICe) amended
MCA has issued notification dt. 25 Jan. 2017 on ‘Companies (Incorporation) Amendment Rules, 2017’ to amend Form No. INC-11 (Incorporation Certificate by CRC) and INC-32 (SPICe), for allotment of PAN and TAN during incorporation process, applicable w.e.f. 30 Jan. 2017, as under:
MCA Notification on ‘Companies (Incorporation) Fifth Amendment Rules 2016’
The MCA has notified the “Companies (Incorporation) Fifth Amendment Rules, 2016” applicable from 1 Jan. 2017 to make further amendments in Incorporation Rules. MCA has already introduced integrated process of incorporation of companies, SPICe, eMOA, eAOA, etc. for speedy incorporation related services within stipulated time frames.
MCA Notifies Companies (Incorporation) fourth Amendment Rules, 2016
Earlier, an integrated process of incorporation of companies was introduced by the MCA using single Form INC-29 under the Companies Act, 2013. Now the MCA has further amended the Companies Incorporation Rules. MCA has notified the ‘Companies (Incorporation) fourth Amendment Rules, 2016 to introduce ‘Simplified Proforma for Incorporating Company Electronically (SPICE), i.e. Form No. INC-32 alongwith e-Memorandum of Association (eMOA) in Form No. INC-33 and e-Articles of Association (eAOA) in Form No. INC-34, besides few other changes in forms relating to incorporation. Main objectives of the amendments by MCA are to provide speedy incorporation related services within stipulated time frames, in line with international best practices. Key features/ implications of the amendments in incorporation Rules are as under:
1. Separate e-forms prescribed by MCA for MOA (INC-33) and AOA (INC-34)
Unlike procedure prevailing so far, MOA & AOA drafted in a word format will no longer be required to be attached with INC-29. Now separate e-filing of Memorandum of Association (MOA) in e-form INC-33 & Articles of Association (AOA) in e form INC-34 are required to be filed along with SPICe (INC-32)except inthe case of . Eventually, the MOA and AOA shall be digitally signed for e-filing with MCA by Subscribers and Witness unlike manual signing prevailing so far.
It may be noted that with this amendment, standard formats of e-Memorandum/ Articles of Association as per Companies Act, 2013 are in place which are to be adhered by all stakeholders uniformly.
2. Replacement of INC-29 with new eform INC-32 (SPICe):
MCA has substituted Form INC-29 with Form INC-32, which is more or less similar to it’s predecessor, except few minor changes relating to reporting requirements. MCA has branded this form as SPICe, which is quite simplified and completely digital form for the purpose of Company Incorporation.
3. Conversion procedure
Further, the MCA has prescribed procedure for conversion of a company limited by guarantee (other than those registered u/s 25 of Companies Act, 1956 or u/s 8 of Companies Act, 2013) into a company limited by shares.
MCA Notification on the “Companies (Incorporation) Third Amendment Rules, 2016”
The Ministry of Corporate Affairs (MCA), vide Notification dt. 27 July 2016, has notified the Companies (Incorporation) Third Amendment Rules, 2016, as under:
Companies (Incorporation) First Amendment Rules, 2016: Revised ROC Form INC 1
MCA vide Notification dt. 22nd January, 2016, has amended Companies (Incorporation) Rules, 2014 by way of Companies (Incorporation) Amendment Rules, 2016, with effect from 26th January, 2016.
It may be noted that certain clauses of the Rules have been omitted and substituted, mainly as under:
i) Rule 9 for Reservation of name has been substituted as under:
An application for the reservation of a name shall be made in Form No. INC 1 along with the fee as provided in the Companies (Registration offices and fees) Rules, 2014 which may be approved or rejected, as the case may be, by the Registrar, Central Registration Centre.
ii) Amendments to provide third opportunity, hitherto two, for removing the defects or deficiencies in documents resubmitted.
iii) Existing Form No. INC 1 substituted with the revised version.