Here, we are going to see the company amendment rules 2018. Keep your eye on this article to know the relevant information regarding your company incorporation.
In exercise of the powers conferred by sub-sections (1) and (2) of section 469 of the companies act, 2013, hereby the central government makes the rules further to amend the companies incorporation rules 2014, namely:-
These rules can be called the companies incorporation amendment rules, 2018.
In the companies’ incorporation rules, 2014 hereinafter referred to as the principal rules for rule 9, the rules which are going to be followed shall be substituted namely:
Reservation of name:
An application for reservation of name can be made through the web services and by using the RUN (Reserve Unique Name) along with the prescribed fees as per the company rules 2014, which may either be approved or rejected as the case may be by the registrar.
In the principal rules in rule no.10, the letters, words and figure Form No. INC 7 shall be omitted.
For rule 12, in the principal rules, the following rules shall be substituted namely:
Application for incorporation of companies:
An application for a company registration in Coimbatore have to be filed with the registrar whose jurisdiction the registered office of the company is situated in Form.No.INC-32 (SPICe) along with the fee as provided under the companies rules 2014.
In case of pursuing of any of the objects of a company requires the registration or approval from sectoral regulators such as RBI, the SEBI (Securities and Exchange Board), registration or approval as the case may be, from such regulator may be obtained by the proposed company before pursuing any objects and the declaration can be submitted at the time of company incorporation.
In the principal rules, sub-rule (1) of rule 38, the following proviso can be inserted:
- After the proviso, in sub-rule(1), the following proviso shall be inserted namely:
Further, in case of incorporation of a company having more than seven subscribers or where any of the subscriber to AOA/MOA is signing at a place outside India, that can be filed with INC-32 (SPICe) in the prescribed formats as specified in table A to J in schedule I without filing the form INC-33 and INC-34.
After the proviso, in sub-rule (2), the following proviso can be inserted namely
In case of companies incorporated with a nominal capital of 10 lakhs or less than that or in respect of companies not having a share capital whose number of members as stated in the Articles of association doesn’t exceed twenty, fee on INC-32 (SPICe) would not be applicable.
There is no re-submission of the application is allowed in the case of Reservation of Name through web-service – RUN.
In the principal act, item I in the annexure, fee for filing etc. under section 403 of the companies act, 2013, the notification substituted the tables of fees that is to be paid to the registrar with the another relevant table which provides the amendment in fees that is to be paid to the registrar.
According to the notification,
The new table which is prescribed for small companies as defined under section 2(85) of the act and one person companies defined under the rules related with section 2(61) of the act shall be applicable provided the said company shall remain as said class of company for a period which is not less than one year from its incorporation.
The new table of fee shall be applicable for any such intimation can be furnished to the registrar or any other officer or authority under the section 159 of the act, secretarial auditor or cost auditors or filing of notice of appointment of auditors.
The new table of fee and the calculation of fee as applicable for the increase in authorized capital that can be applicable for revised capital in accordance with the sub-section (11) of 233 of the act ( after setting off the fee paid by the transferor company on its authorized capital prior to its merger or amalgamation with the transferee company.
The new table of fee can be applicable for filing the revised financial statement on board report under the sections 130 and 131 of the act.
Application for the allotment of director identification number:
Every applicant who intends to be appointed as a director of an existing company can make the application electronically in Form DIR-3 to the central government for the allotment of DIN (Director Identification Number) along with the fees as prescribed under the companies.
In case of proposed directors not having the approved DIN, the particulars of maximum three directors need to be mentioned in SPICe (INC-32) form and DIN may be allotted to maximum three directors through Form (INC-32).
In sub-rule (3), the following sub clause can be inserted namely:
- A board resolution proposing his appointment as a director in an existing company.
Electronically, Form DIR-3 can be signed and submitted by the applicant using the DSC (Digital Signature Certificate) and that can be verified digitally by the secretary of the company in full time employment of the company or by a managing director or CEO or director or CFO of the company in which the applicant is intended to appoint as a director in the existing company.