16th May, 2016
Dear Professional Colleagues,
Subject: Delegation of powers in case of alteration in memorandum of section 8 companies
We invite your kind attention to the MCA notification no. S.O. 1353 (E) dated May 21, 2014[1] (copy enclosed) wherein the Central Government has delegated the powers and functions vested in Central Government, amongst others, under section 13 (2) to the Registrar of Companies. Section 13 deals with Alteration of Memorandum.
In this regard, ICSI has received a communication from the Ministry of Corporate Affairs that the professionals/ companies are filing RD-1 seeking approval to alter the Memorandum of Association. As the power for approving change in Memorandum has been delegated to ROC, Members are advised to file application for alteration of Memorandum of Association in correct form i.e. e-form GNL-1.
Regards
CS Alka Kapoor
Joint Secretary
MCA notification no. S.O. 1353 (E) dated May 21, 2014
MINISTRY OF CORPORATE AFFAIRS[1]
NOTIFICATION
New Delhi, the 21st May, 2014
S.O. 1353 (E).—In exercise of the powers conferred by Section 458 of the Companies Act, 2013 (18 of 2013), and in supersession of the notification of the Government of India, Ministry of Corporate Affairs, dated the 10th July, 2012, published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (ii) vide number S.O. 1538 (E), dated the 10th July, 2012, in so far as it relates to items (a) to (b) and items (d) to (e), except as respects things done or omitted to be done before such supersession, the Central Government hereby delegates to the Registrar of Companies, the power and functions vested in it under the following sections of the said Act, subject to the condition that the Central Government may revoke such delegation of powers or may itself exercise the powers and functions under the said sections, if in its opinion, such a course of action is necessary in the public interest, namely:—
(a) sub-section (2) of Section 4;
(b) sub-section (1) of Section 8;
(c) clause (i) of sub-section (4) of Section 8, except for alteration of memorandum in case of conversion into another kind of company;
(d) sub-section (5) of Section 8; and
(e) sub-section (2) of Section 13.
2. This notification shall come into force from the date of its publication in the Official Gazette.
[F. No. 1/6/2014-CL-V]
AMARDEEP SINGH BHATIA, Jt. Secy.
