Contact us   Feedback   Annual Subscription   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

Proposed Amendments in COMPANIES (INCORPORATION) RULES 2014

News and Press Release - Dated:- 2-2-2016 - INC-29 2.1 The Committee felt that the option to use the integrated incorporation E-Form INC-29 in case name approval is separately obtained using INC-1 should be allowed, the option of giving more than one name as alternatives be permitted, and the number of allowed re-submissions should be increased from two to three times. 2.2 The Committee felt that certain improvements in e-form INC-29 may be implemented. In point no. 6(e), wherein registration nu .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

in relation to PAN, TAN and ESIC applications, it is mentioned that this facility is available at the e-Biz portal only as per separate procedure prescribed by e-Biz portal . The facility for PAN, TAN and ESIC should be enabled as part of the integrated application form, and incorporation form INC-7, available on the MCA21 portal. 2.3 It was suggested that two chances may be given for resubmission/clarification for submitting any form to ROC as it was alleged that in case forms are marked as Inv .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

particulars of every subscriber to the memorandum to be filed with the Registrar. It was pointed out that a reference to partnership firm as provided under Rule 16(2)(g), when the subscriber is a body corporate, is inappropriate. The Committee agreed with the view and suggested for removal of references to the word partnership firm in Rule no.16 (2)(g). Rule 16: Authentication of documents 2.5 Rule 16(2)(f) mandates only an authorized person/officer of body corporate subscriber to subscribe to t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

proof, PAN Card, Utility Bill, Electricity Bill etc. whereas the system had already captured these particulars in the DIN of a director and the same ought not to be asked again. The suggestion was agreed to. Changes in the MCA21 system/E-Forms may be made to ensure that in case of a person holding DIN, the form requiring such information should get prefilled and additional documentation would not be required. 2.7 Similarly, it was also suggested to remove the requirement of Form INC-10 altogethe .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

natural person can incorporate only one OPC or be a nominee of one OPC in his lifetime while the spirit of the provision is that a person can be a member of only one OPC at any point of time and that the person can also be a nominee of another OPC. The Committee recommended to suitably rephrase Rule 3(2), especially in view of Rule 3(3) which entails an obligation on a member holding membership in one OPC and a nominee-ship in another OPC, to opt for one of the OPCs in case he becomes a member o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

out for foreign companies in Rule 6 of Companies (Registration of foreign companies) Rules, 2014. Rule 29: Alteration of memorandum 2.10 The present Rule 29 does not allow change in the memorandum even after default in filing of statutory returns or payment of deposits, etc. is made good. Change in memorandum should be allowed after defaults are made good. Rule 28 and Rule 30: Shifting of registered office 2.11 Rule 28 read with Section 12 provides that shifting of registered office within the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

quiry, inspection or investigation as a consequence of which no prosecution is envisaged or no prosecution is pending, shifting of registered office shall be allowed . Further, it may be provided that in case of a pending prosecution, on submission of an undertaking that the company would not seek any change in jurisdiction on account of shift in office, such shifting may be allowed. 2.12 It was suggested that the requirements in Section 13(5) for the satisfaction of the Regional Director (RD), .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

hifting of registered office from one state to another may jeopardise the creditors interest vis-à-vis the applicant company. On the contrary, the Committee agreed with the suggestion that in the case of relocation of registered NBFCs, a NoC from RBI may be made necessary. Also, as requested by SEBI, requirement of serving a copy of the notice to SEBI (Rule 30(6)(c) may be dispensed with. Moreover, the company should not have difficulty in getting NOCs from major creditors to enable RDs t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

is subject of an application for registration, unless the consent of the owner or applicant for registration, of the trade mark, as the case may be, has been obtained and produced by the promoters . The Committee recommends that this requirement should be changed and Rule should be modified to read as it includes the name of a trade mark registered or a trade mark which is subject of an application for registration under the Trade Marks Act, 1999 and the rules framed thereunder , unless the cons .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version