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Rule 8 of the Companies (Incorporation) Rules, 2014 provides for the exceptions and circumstances when a name shall be regarded as undesirable. Ministry of Corporate Affairs (MCA) has made surprising amendments to Rule 8 by deleting various clauses when a name shall be considered as undesirable. By making these amendments MCA has put a serious question mark on the idea behind deleting the prohibitions whereby abbreviated, vague and misleading names would now be allowed which were considered as undesirable hitherto. The summary of the deleted clauses is as under:
The Notification reads as under:
GOVERNMENT OF INDIA Notification New Delhi, the 22nd January, 2016 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. Short title and commencement.-(1) These rules may be called the Companies (Incorporation) Amendment Rules, 2016. (2) They shall come into force from 26s day of January, 2016. (2) They shall come into force from 26s day of January, 2016.
2. In the Companies (Incorporation) Rules, 2014 (herein after referred to as the principal rules), in rule 8,-
(a) sub-clause (ii) of clause (b) shall be omitted;
(ii) sub-rule (3) shall be omitted. 3. In the principal rules, for Rule 9 the following shall be substituted namely: - "9. Reservation of name - An application for the reservation of a name shall be made in Form No. INC.1 along with the fee as provided in the Companies (Registration offices and fees) Rules, 2014 which may be approved or rejected, as the case may be, by the Registrar, Central Registration Centre." (4) In the principal rules, in rule 36, in sub-rule (12),-
(i) after sub-clause (b), the following shall be inserted.- (ii) in sub-clause (c), for the words 'two opportunities', the words 'three opportunities' shall be substituted. (5) In the principal rules, for the existing Form No.INC-1, the following form no. INC- I shall be substituted. namely:- (F. No. 1/13/2013-CL-V-Part-II)
Amardeep Singh Bhatia Download the Notification Click Here >>
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