New User   Login      
Tax Management India .com TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

Companies (Incorporation) Third Amendment Rules 2016.

Companies Law - F.No.1/13/2013-CL-V - Dated:- 27-7-2016 - Government of India Ministry of Corporate Affairs Notification New Delhi, 27th July, 2016 G.S.R. .-In exercise of the powers conferred by sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Incorporation) Rules, 2014, namely:- 1. (1) These rules may be called the (2) They shall come into force on the date of their publicati .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ely:- "(ii) 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 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," (b) in sub-rule (6), in clause(n), the comma between the words 'financial' and corporation' shall be omitted. 4. In the principal rule .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

sub-rule (l),- (a) in clause (m), the following Explanation shall be inserted, namely:- "Explanation.- In case the subscriber is already holding a valid DIN, and the particulars provided therein have been updated as on the date of application, and the declaration to this effect is given in the application, the proof of identity and residence need not be attached." (b) "clause (q) shall be omitted; (ii) in sub-rule (2) in clause (g), the words " or partnership firm" shall .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

(2) The Central Government may as and when required, notify the other documents on which the name of the company shall be printed." 7. In the principal rules, in rule 28, in sub-rule (2), after the second proviso, the following proviso shall be inserted, namely:- "Provided also that on completion of such inquiry, inspection or investigation as a consequence of which no prosecution is envisaged or no prosecution is pending, shifting of registered office shall be allowed.". 8. In 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

the case may be." 9. In the principal rules, in rule 30,- (A) in sub-rule (l), after clause (i), the following shall be inserted namely:- "(j) a copy of the No Objection Certificate from the Reserve Bank of India where the applicant is a registered Non-Banking Financial Company" (B) in sub-rule (6), in clause (c) the words "and to the Securities a d Exchange Board in the case of listed companies" shall be omitted; (C) in sub-rule (10), after the proviso, the following E .....

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 the Companies Act, for effecting the conversion of an unlimited liability company with or without share capital into limited liability company by shares or guarantee, such a company shall pass a special resolution in a general meeting and thereafter, an application shall be filed in Form No. INC27 in the manner provided in sub-rules (2) and (3). (2) The Company shall within seven days from the date of passing of the special resolution in a general meeting, publish a notice, in Form No. INC-2 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

itors and debentures holders made as on the date of notice of the general meeting by registered post or by speed post or through courier with proof of dispatch. The notice shall also state that the objections, if any, may be intimated to the Registrar and to the company within twenty-one days of the date of publication of the notice, duly indicating nature of interest and grounds of opposition. (3) The Company shall within forty five days of passing of the special resolution file an application .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

y one of the Directors duly authorised in this behalf or Company Secretary of the Company, if any. e. declaration signed by not less than two Directors of the Company, including Managing Director, if any, that such conversion shall not affect any debts, liabilities, obligations or contracts incurred or entered into by or on behalf of the Company before conversion (except to the extent that the liability of the members shall become limited). f. a complete list of creditors and debenture holders, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

two Directors of the Company, one of whom shall be a Managing Director where there is one, to the effect that they have made a full enquiry into the affairs of the Company and, having done so, have formed an opinion that the list of creditors is correct, and that the estimated value as given in the list of the debts or claims payable on a contingency are proper estimates of the values of such debts and claims and that there are no other debts or claims against the company to their knowledge. h. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

by circulation. i. The company shall also obtain a certificate from the Auditors that the company is solvent and that it is a going concern as on the date of passing of resolution by the Board certifying solvency as per clause (h) above. j. No Objection Certificate from sectoral regulator, if applicable. k. No Objection Certificate from all secured creditors, if any. (4) Declaration signed by not less than two Directors including Managing Director, where there is one, that no complaints are pen .....

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