Amendment
in Companies (Incorporation) Rules, 2014 dated 16th October 2019
What has been amended?
The Companies (Incorporation) Rules, 2014
What is the date of notification?
16th October 2019
What is the government web link to see the full
notification?
What is amendment all about?
A. In
Rule 8A, in Sub Rule (1), in clause (b), the words and figure “or applicant for
registration” has been omitted.
B. There
used to be deadlock in the company when the company has not filed Active filing
and also all/ any Directors have also not filed KYC or there is a case wherein
the Directors are disqualified.
In order to remove the deadlock, MCA
has come up with this notification. MCA has widened the scope of filing of
eForm DIR 12 especially by Active Non compliant company. Briefly, now after
this amendment, Active non compliant company can file the eForm DIR 12 for the
following situation also which are as below;
1) Cessation
of any Director
2) Appointment
of Director
a. in
case the company has not complied with the threshold limit of minimum number of
Directors i.e. 2 in case of Private Limited Company and 3 in case of Public
Limited Company on account of disqualification of Directors under Sec 164 of
Companies Act, 2013
b. In
case where DIN of Directors have been deactivated due to Non filing of DIR 3
KYC
c. For
implementation of the order passed by the Court or NCLT or NCLAT under the
provisions of the Act or under IBC, 2016.
C. The
timeline for filing of order in eForm INC 28 on account of shifting of
Registered office from one jurisdiction to another within same state has been
revised and decreased as below;
Particulars
|
Old Timeline
given in section 12(6) of the Act
|
New
timeline prescribed in Rule 28 of Incorporation Rules as applicable now
|
Confirmation order passed by Regional Director
|
30 days
|
15 days
|
Filing of certified copy of Regional Director with
RoC
|
60 days
|
30 days
|
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