Central Government amends the Companies
Central Government amends the Companies. The Companies Act, 2013 passed by the Parliament has received the assent of the President of India on 29th August 2013. The Act consolidates and amends the law relating to companies. The Companies Act, 2013 has been notified in the Official Gazette on 30th August 2013. Some of the provisions of the Act have been implemented by a notification published on 12th September 2013. The provisions of Companies Act, 1956 is still in force
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
New Delhi, 22nd January 2016
G.S.R. (E) – 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:- VIRTUAL CFO
1. Short title and commencement – (1) These rules may be called the Companies (Incorporation) Amendment Rules, 2016.
(2) They shall come into force from the 26th day of January 2016.
2. In the Companies (Incorporation) Rules, 2014 (hereinafter referred to as the principal rules), in Rule 8,-
(i) in sub-rule (2)
a) sub-clause (ii) of clause (b) shall be omitted;
b) sub- clause (x) of clause (b) shall be omitted, and
c) sub-clause (xvii) of clause (b) shall be omitted.
(ii) sub-rule (3) shall be omitted.
(iii) sub-rule (4) shall be omitted.
3. In the principal rules, for Rule 9 the following shall be substituted namely: –
“9. Reservation of name – An application for the reservation of a name shall be made in Form No. INC. 1 along with the fee as provided in the Companies (Registration offices and fees) Rules, 2014 which may be approved or rejected, as the case may be, by the Registrar, Central Registration Centre.”
4. In the principal rules, in rule 36, in sub-rule(12),-
(i)after sub-clause (b), the following shall be inserted.-
‘(ba) After the resubmission of the documents and on completion of the second opportunity, if the registrar still finds that the documents are defective or incomplete, he shall give third opportunity to remove such defects or deficiencies;’
Provided that the total period for re-submission of documents shal1 not
exceed a total period of thirty days.
(ii) in sub-clause (c), for the words ‘two opportunities’, the words ‘three opportunities’ shall be substituted.
5. In the principal rules, for the existing Form No. INC-1, a new Form No. INC- 1 shall be substituted.