Companies (Central Government's) General Rules and Forms,1956. - [F.NO. 17/90/2011-CL.V] - Companies Law

[TO BE PUBLISHEDIN THEGAZETTE OF INDIA, PART II, SECTION 3, SUB SECTION (i)] GOVERNMENT OF INDIA MINESTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi the 14 th July, 2011 In exercise of the powers conferred by clauses ( a ) and ( b ) of sub-section (1) of section 642 of the Companies Act, 1956 (1 of 1956 ) read with sections 20 and 21 of the Companies Act, 1956 and all other powers hereunto enabling the Central Government hereby makes the following rules, further to amend the Companies (Central Government's) General Rules and Forms, 1956 namely : 1. Short title and commencement (1) These rules may be called the Companies (Central Government's) General Rules and Forms (Amendment) Rules, 2011. (2) They shall come into force with effect from 24th July, 2011. 2. The existing Rule 4A shall be substituted by the following Rule 4A: " Rule 4A . Sections 20 and 21 - (1) The promoters of a company under a proposed name or a company seeking to change its name may make an application to the Registrar of Companies of the State in which the registered office of the proposed company or of the company to be or is situated. (2) The application shall be in Form 1A and be accompanied by a fee of rupees one thousand only. (3) The Registrar shall cause to examine the application as to whether the changed name or the name with which the proposed company is to be registered, as case may be, is undesirable within the meaning of section 20 . In case the name is undesirable, he may reject the same or ask for resubmission of the application with new names or call for further information, ordinarily within three days of receipt of the application : Provided that the applicants shall be given only upto two opportunities for resubmission of their proposal against the fee paid in the first instance for name availability after the original application is filed. In the event the registrar does not find the proposals so submitted and resubmitted as fit for approval, he shall reject the application after the second resubmission. However, the applicant will be at liberty to file fresh application along with prescribed fee : Provided further that when the application of the name for new company is certified by a practising Chartered Accountant, Company Secretary or Cost Accountant, the form shall be processed and examined electronically under MCA21 System and the name will be approved online. (4) Where the Registrar of Companies informs the company or the promoters of the company that the changed name or the name with which the proposed company is to be registered, as the case may be, is not undesirable, such name shall be available for adoption by the said company or by the said promoters of the company for a period of sixty days from the date, the name is allowed: Provided that if the name so allowed is not adopted on or before the expiry of sixty days from the date it is allowed, the name allowed shall lapse. No extension will be granted after expiry of sixty days from the date, the name is allowed : Also provided that the name allowed by the Registrar before the date of this notification comes into force, if not adopted, shall lapse after the expiry of a period of sixty days from the date on which it was initially allowed and further thirty days, if renewed." 3. For, Form 1A, the following shall be substituted : FORM 1A Application form for availability or change of name [Pursuant to sections 20 and 21 of the Companies Act, 1956 ] [F.NO. 17/90/2011-CL.V]