Companies (Incorporation) Amendment Rules, 2018 – Easy Formation

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MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
New Delhi, the 20th
January 2018
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. (1) These rules may be called the Companies (Incorporation) Amendment
Rules, 2018.
(2)They shall come into force from the 26th day of January, 2018.
2. In the Companies (Incorporation) Rules, 2014 (hereinafter referred to as the
principal rules), for rule 9, the following rule shall be substituted, namely:-
“9. Reservation of name.- An application for reservation of name shall be made
through the web service available at www.mca.gov.in by using 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”.
3. In the Principal rules, in rule 10, the words, letters and figure “Form No.INC-7”
shall be omitted.
4. In the principal rules, for rule 12, the following rule shall be substituted, namely:-
“12. Application for incorporation of companies. An application for registration
of a company shall be filed, with the Registrar within whose jurisdiction the registered
office of the company is proposed to be situated, in Form No.INC-32 (SPICe) along
with the fee as provided under the Companies (Registration offices and fees) Rules,
2014;
Provided that in case pursuing of any of the objects of a company requires registration
or approval from sectoral regulators such as the Reserve Bank of India, the Securities
and Exchange Board, registration or approval, as the case may be, from such
regulator shall be obtained by the proposed company before pursuing such objects
and a declaration in this behalf shall be submitted at the stage of incorporation of the
company”.
5. In the principal rules, in sub-rule (1) of rule 38, the following proviso shall be
inserted.-
(i) in sub-rule (1), after the proviso, the following proviso shall be inserted, namely:-
“provided further that in case of incorporation of a company having more than seven
subscribers or where any of the subscriber to the MOA/AOA is signing at a place
outside India, MOA/AOA shall be filed with INC-32 (SPICe) in the respective formats
as specified in Table A to J in Schedule I without filing form INC-33 and INC-34”;
(ii.) In sub-rule (2), after the proviso, the following proviso shall be inserted, namely:-
‘Provided further that in case of companies incorporated, with effect from the 26th day
of January, 2018, with a nominal capital of less than or equal to rupees ten lakhs or
in respect of companies not having a share capital whose number of members as
stated in the articles of association does not exceed twenty, fee on INC-32 (SPICe)
shall not be applicable”.
6. In the annexure to the principal rules,
Refer attachment CompaniesIncorporationAmendmentRules2018_25012018

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