top of page
Search

Companies (Incorporation) Fifth Amendment Rules, 2021 and Companies (Amendment) Act, 2020











MCA

Notification No. GSR: 503(E)

Dated: - 22/07/2021





















✓Ministry of Corporate Affairs vide its notification dated 22nd of July, 2021 has amended the Companies (Incorporation) Rules, 2014.


✓ These rules will be called the Companies (Incorporation) Fifth Amendment Rules, 2021.


✓ They shall come into force from 1st September, 2021.


✓ In said rules, the Ministry has inserted new rule i.e. Rule 33A after Rule 33 which is as follows:

















Rule 33A: - Allotment of a new name to the existing company under section 16(3) of the Act.


1. In case a company fails to change its name or new name, as the case may be, in accordance with the direction issued under sub-section (1) of section 16 of the Act-

  • within a period of three months from the date of issue of such direction, the letters “ORDNC” (which is an abbreviation of the words “Order of Regional Director Not Complied”),

  • the year of passing of the direction,

  • the serial number and

  • the existing Corporate Identity Number (CIN) of the company,

shall become the new name of the company without any further act or deed by the company, and the Registrar shall accordingly make entry of the new name in the register of companies and issue a fresh certificate of incorporation in Form No.INC-11C.


Provided that nothing contained in sub-rule (1) shall apply in case e-form INC-24 filed by the company is pending for disposal at the expiry of three months from the date of issue of direction by Regional Director, unless the said e-form is subsequently rejected.


2. A company whose name has been changed under sub-rule (1) shall at once make necessary compliance with the provisions of section 12 of the Act and the statement, “Order of Regional Director Not Complied (under section 16 of the Companies Act, 2013)” shall be mentioned in brackets below the name of company, wherever its name is printed, affixed or engraved.

Provided that no such statement shall be required to be mentioned in case the company subsequently changes its name in accordance with the provisions of section 13 of the Act.”.





















3. In the Annexure, after Form No.INC-11B, new form i.e. form no. INC-11C shall be inserted.



MCA

Notification No. S.O. 2904(E)

Dated: - 22/07/2021


In exercise of the powers conferred by sub-section (2) of section 1 of the Companies (Amendment) Act, 2020 (29 of 2020), the Central Government hereby appoints the 1st September, 2021 as the date on which the provisions of section 4 of the said Act shall come into force.



Direct link 👇



109 views0 comments

Comments

bottom of page