Incorporation of a section 8 company was
not an easy job, because you need to obtain the license via form INC-12 and
Certificate of Incorporation via form INC-32 within just 20 days of getting
name approval. Most of the times there were chances that you obtain your
license after 20 days of name approval.
So to curb such issues the Ministry of
Corporate Affairs (“MCA”), has further amended the Companies (Incorporation)
Rules, 2014 and introduced the Companies (Incorporation) Sixth Amendment Rules,
2019 to be effective from 15th
August, 2019.
Now
you can obtain both “License under Section 8” and “Certificate of
Incorporation” (only for newly incorporated companies) via form INC-32 i.e.
SPICe, so no need of filing 2 different forms for License and COI.
THE
AMENDMENTS ARE:
In
Sub-Rule 1 – A
person or an association of persons (hereinafter referred to in this rule as
“the proposed company”), desirous of incorporating a company with limited
liability under sub-section (1) of section 8 without the addition to its name
of the word “Limited”, or as the case may be, the words “Private Limited”,
shall make an application in Form INC-32 (SPICe) along with the fee
as provided in the Companies (Registration offices and fees) Rules, 2014 to the
Registrar for a license under sub-section (1) of section 8.
In
Sub-Rule 3 – The
requirement to submit the draft Memorandum has been abolished, now company has
to file final
memorandum of association while obtaining license.
AUTHOR’S
NOTE:
THE MANNER OF OBTAINING LICENSE FOR
SECTION 8 COMPANY
|
PARTICULARS
|
LICENSE TO BE OBTAINED VIA
|
|
Newly incorporated company
|
INC-32 (SPICe)
|
|
Existing Company
|
INC-12
|
|
PARTICULARS
|
CERTIFICATE OF INCORPORATION TO BE
OBTAINED VIA
|
|
Newly incorporated company
|
INC-32 (SPICe)
|
Further to this attachments required
in INC-32 (SPICe) has been amendment by addition of following 2 attachments:
1) Declaration in Form No. INC-14
2) Declaration in Form No. INC-15
So this is how, the government of
India is towards EASE OF DOING BUSINESS,
by introduction of new modes to establish your company be it Ngo or normal
Private Limited company.
Source:
http://www.mca.gov.in/Ministry/pdf/Rules_07062019.pdf