Companies (Incorporation) Third Amendment Rules, 2020 notified by MCA

MCA notifies the Companies (Incorporation) Third Amendment Rules, 2020 to insert new Rule 9A on Extension of reservation of name in certain cases w.e.f. 26/01/2021.

Introduction of “extend” functionality in e-form SPICE+ (Part A) is in line with Rule 9A ‘Extension of reservation of name in certain cases’ inserted w.e.f. 26/01/2021. Accordingly, applicants can submit request for extension of availability of the name allowed/ allotted, subject to payment of prescribed fee.

MCA Notification dt. 24/12/2020 : Companies (Incorporation) Third Amendment Rules, 2020

G.S.R. 795(E).- In exercise of powers conferred by section 3, sub-section (1) of section 7 and sub-sections (1 ) and (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Incorporation) Rules, 2014 namely:-

1. (1) These rules may be called the Companies (Incorporation) Third Amendment Rules, 2020.

(2) Save as otherwise provided in these rules, they shall come into force on the date of their publication in the Official Gazette.

2. In the Companies (Incorporation) Rules, 2014 (hereinafter referred to as the said rules),after rule 9, the following rule shall be inserted with effect from 26th January, 2021, namely:-

“9A. Extension of reservation of name in certain cases – Upon payment of fees provided below through the web service available at http://www.mca.gov.in, the Registrar shall extend the period of a name reserved under rule 9 by using web service SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus: INC-32), upto:

(a) forty days from the date of approval under rule 9, on payment of fees of rupees of one thousand rupees made before the expiry of twenty days from the date of approval under rule 9;

(b) sixty days from the date of approval under rule 9 on payment of fees of rupees two thousand made before the expiry of forty days referred to in clause (a) above;

(c) sixty days from the date of approval under rule 9 on payment of fees of rupees three thousand made before the expiry of twenty days from the date of approval under rule 9:

Provided that the Registrar shall have the power to cancel the reserved name in accordance with subsection (5) of section 4 of the Act.”

3. In the said rules, in the annexure, in SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus FORM NO. INC-32), for Part –A, the following part shall be substituted, namely:- (contd… please refer above attachment)

Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 250(E), dated the 31st March, 2014 and last amended vide number G.S.R.169 (E), dated the 12th March, 2020 .

Companies (Incorporation) Amendment Rules, 2021 notified by MCA