Companies (Incorporation) Amendment Rules, 2020

Companies (Incorporation) Amendment Rules, 2020

MINISTRY OF CORPORATE AFFAIRS vide notification / Gazette id No. CG-DL-E-22022020-216319 issued and published dated 22nd February 2020, has published Companies (Incorporation) Amendment Rules, 2020 in exercise of the powers conferred by sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013) to amend the Companies (Incorporation) Rules, 2014

Applicability:

They shall come into force with effect from the 23rd February, 2020.

Changes Occurred

1. In the Companies (Incorporation) Rules, 2014 (hereinafter referred to as the said rules), for rule 9, the following rule shall be substituted, namely:-

‘9. Reservation of name or change of name.- An application for reservation of name shall be made through the web service available at www.mca.gov.in by using web service SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus: INC-32), and for change of name by using web service RUN (Reserve Unique Name) along with fee as provided in the Companies (Registration Offices and Fees) Rules, 2014, which may either be approved or rejected, as the case may be, by the Registrar, Central Registration Centre after allowing re-submission of such web form within fifteen days for rectification of the defects, if any, with effect from the 23rd February, 2020.’

2. In the said rules, in rules 10, 12, sub-rule (1) of rule 19, sub-rules (1), (2), (3), (4), (7) and (9) of rule 38, for the words, letters, figures and brackets,, ‘Form No INC-32 (SPICe), wherever they occur, the letters, brackets, words and figures ‘SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus: INC-32)’ shall be substituted with effect from the 23rd February, 2020.

3. In the said rules, in rule 38, in the marginal heading, for the word, brackets and letters ‘Electronically (SPICE)’, the words, brackets and letters ‘Electronically Plus (SPICE+)’ shall be substituted with effect from the 23rd February, 2020.

4. In the said rules, in rule 38A,-

(i) in the marginal heading, for the words, brackets and letters ‘and Employees’ Provident Fund Organisation (EPFO) Registration’, the words, brackets and letters ‘,Employees’ Provident Fund Organisation (EPFO) Registration and Profession Tax Registration and Opening of Bank Account’ shall be substituted;

(ii) for the letters ‘AGILE’, the letters ‘AGILE-PRO’, shall be substituted;

(iii) after clause (c), the following clauses shall be inserted, namely:-

‘(c) Profession Tax Registration with effect from the 23rd February, 2020
(d) Opening of Bank Account with effect from 23rd February, 2020.’.

5. for forms ‘RUN, e-form No INC-32 (SPICe), and e-form No.INC-35 (AGILE), the forms shall be substituted by

– SPICe+ (Simplified Performa for Incorporating Company Electronically Plus)
(‘[Pursuant to sections 4, 7, 8(1), 12, 152 and 153 of the Companies Act, 2013 read with rules made thereunder] – FORM NO. INC-32)

– AGILE-PRO (Application for Goods and services tax Identification number, employees state Insurance corporation registration plus Employees provident fund organization registration, Profession tax Registration and Opening of bank account)

– RUN form (for change of name only)

Link: http://egazette.nic.in/WriteReadData/2020/216319.pdf

Disclaimer: IN NO EVENT THE AUTHOR SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS INFORMATION.

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