, Start your company easily now in India bird eye view what is changed now from CS GAURAV 9990694230 ~ CS GAURAV SHARMA

January 26, 2018

Start your company easily now in India bird eye view what is changed now from CS GAURAV 9990694230

_1. Companies Incorporation (Amendment) Rules, 2018_ _2. Companies Appointment and Qualification of Directors (Amendment) Rules, 2018_ _3. Companies Registration Offices and Fees (Amendment) Rules, 2018_ - INC-1 discarded. Now _Registration of Unique Name_(RUN) to be used for Reservation of Name and Change of Name of existing companies. - CRC will be vested with job of processing RUN applications. - RUN is half page web form in which one name can be reserved. - No resubmission for RUN. Either approval or rejection. - RUN comes with _Auto Check_ feature for checking name availability. However, scrutiny of name shall still be done by MCA. Onus to comply with _Name Availability Provisions_ still rests upon applicant. Same is now required to be declared by Applicants in SPICe (INC-32). - Documents such as NOC for Name, Sectoral Regulator Approval, Self-Declaration, etc. has to be attached to RUN. _Though, size of attachments still remian undisclosed_. We can expect it to be existing 6MB. - Brief of Main Objects to be entered in RUN in comments section. - Incorporation to be done only through SPICe Route now i.e. INC-32 - SPICe (INC-32) to be now used for Incorporation of Chapter XXI (Part-I) companies i.e. Section 366 companies. - e-MOA and e-AOA (i.e. INC-33 and INC-34) to be not applicable for companies having foreign subscribers or cases where subscribers are more than 7. In both such cases separate MOA-AOA has to be attached. - Form INC-7 discontinued for Incorporation matters. - For incorporating companies having less than or equal to Rs.10 lakh nominal capital or companies which are without share capital and have members less than 20 - No Incorporation fee. - Form DIR-3 (i.e. Application for DIN) to be used only by existing companies for appointment of new Directors not having DIN. - Declarations in INC-32 come with a major change for Applicants as well as Practicing Professionals. HelpKit of e-Forms will provide clarifications so let's wait for this. - PAN of Practicing Professional certifying INC-32 to be mandatorily provided. - SPICe (INC-32) to be now filed with the concerned ROC where Registered Office is to be situated,Therefore, CRC not to process Incorporation applications._ - Person not having DIN and wanting to incorporate new company to apply for DIN through SPICe (INC-32). - Maximum 3 DIN can be applied through SPICe (INC-32), which means for appointment of more directors, separate Form DIR-12 shall be used after incorporation of company. - DIR-3 for existing companies to be certified by existing company's Director/CFO/CEO/CS. Professional certification removed for DIR-3. - Board Resolution mandatory to be attached in DIR-3 for person to be appointed as Director in existing company.





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