News on MCA. From 27th January the name availability will be centralised across India at Manesar. Means the name availability will not be done by respective RoC's. Info is that name Availability applications will be disposed of within 24 hours. Also news is that the activity of the company need not be there in the proposed name applied for.
The Ministry of Corporate Affairs has amended Companies (Incorporation) Rules, 2014. These rules may be called the Companies (Incorporation) Amendment Rules, 2016. They shall come into force from 26th day of January, 2016.
Amendment:
(1) In the Companies (Incorporation) Rules, 2014 (herein after referred to as the principal rules), in rule 8,-
(i) in sub-rule (2)
(a) sub-clause (ii) of clause (b) shall be omitted;
(b) sub-clause (x) of clause (b) shall be omitted; and
(c) sub-clause (xvii) of clause (b) shall be omitted.
(ii) sub-rule (3) shall be omitted.
(iii) sub-rule (a) shall be omitted.
(2) In the principal rules, for Rule 9 the following shall be substituted namely: -
"9. Reservation of name - 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 oIfices and fees) Rules, 2014 which may be approved or rejected, as the case may be, by the Registrar, Central Registration Centre."
(3) In the principal rules, in rule 36, in sub-rule(12),-
(i) after sub-clause (b), the following shall be inserted.-
'(ba) After the resubmission of the documents and on completion of second opportunity, if the registrar still finds that the documents are defective or incomplete, he shall give third opportunity to remove such defects or deficiencies;'
Provided that the total period for re-submission of documents shall not exceed a total period of thirty days. (ii) in sub-clause (c), for the words'two opportunities', the words 'three opportunities' shall be substituted.
The Central Government hereby establishes a Central Registration Centre (CRC) having territorial jurisdiction all over India, for discharging or carrying out the function of processing and disposal of applications for reservation of names under the provisions of the said Act. The CRC shall function under the administrative control of Registrar of Companies, Delhi (ROC Delhi), who shall act as the Registrar of the CRC until a separate Registrar is appointed to the CRC. The CRC shall process applications for reservation of name i.e., e-Form No. INC-1 filed along with the prescribed fee as provided in the Companies (Registration of Offices and Fees) Rules, 2014. Processing and approval of name or names proposed in e-Form No. lNC-29 shall continue to be done by the respective Registrar of Companies having jurisdiction over incorporation of companies under the Companies Act,2013 as per the provisions of the Act and the rules made thereunder. The CRC shall be located at Indian institute of Corporate Affairs (llCA), Plot No. 6,7, 8, Sector 5, lMT Manesar, District Gurgaon (Haryana), Pin Code- 722050. This notification shall come into force from 26th January,2016.
For further clarification, please contact CS Neha Seth at 9871903449 or at csnehaseth@gmail.com
