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
Source :- Dheeraj Kr. Sharma
Company Secretary GAURAV SHARMA+919990694230 Connect on Watts App with Gaurav Email us [email protected] Submit your guest articles for our website click here we will publish it Subscribe our Email updates like other 100,000 Members, Free/Easy/Comfortableway
