Companies (Incorporation) Amendment Rules, 2016

[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)]

GOVERNMENT OF INDIA

MINISTRY OF CORPORATE AFFAIRS

Notification

New Delhi, the 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:-

1. Short title and commencement.-(1) These rules may be called the Companies (Incorporation) Amendment Rules, 2016.

(2) They shall come into force from 26th day of January, 2016.

2. In the Companies (Incorporation) Rules, 2014 (herein after 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 (a) 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.I 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 Center.”

(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 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 shall 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, the following form no. INC- I shall be substituted, namely:-

Download Form INC-1 of Companies (Incorporation) Amendment Rules, 2016

[F.No. 1/13/2013 CL-V-part-II]

AMARDEEP SINGH BHATIA, Jt. Secy.

Note: The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, sub-section (i) vide number G.S.R. 250(E) dated the 31st March, 2014, amended vide number G.S.R. 349(E) dated 1st May, 2015 and lastly vide number G.S.R.442 (E) dated 29.05.2015.