Appointment of directors in company where DINs of all /any directors deactivated. MCA Notification

Appointment of directors in company where DINs of all /any directors are deactivated for not filing active e-form

Appointment of directors where DINs of all /any directors deactivated

MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION

New Delhi, the 16th October, 2019

G.S.R. 793(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) Eighth Amendment Rules, 2019.

(2) They shall come into force from the date of publication in the Official Gazette.

2. In the Companies (Incorporation) Rules, 2014 (herein after referred to as the said rules),

I. in rule 8A, in sub-rule(1), in clause (b), the words and figure “or applicant for registration,”, shall be omitted.

II. in rule 25A,-

in sub-rule (1), in the fourth proviso, for the item (iii), the following shall be substituted, namely.-

“(iii) DIR-12 (changes in Director except in case of:

(a) cessation of any director or

(b) appointment of directors in such company where the total number of directors are less than the minimum number provided in clause (a) of sub-section (1) of section 149 on account of disqualification of all or any of the director under section 164.

(c) appointment of any director in such company where DINs of all or any its director(s) have been deactivated.

(d) appointment of director(s) for implementation of the order passed by the Court or Tribunal or Appellate Tribunal under the provisions of this Act or under the Insolvency and Bankruptcy Code, 2016).”.

III. In the said rule 28, after sub-rule (1), the following rules shall be inserted, namely.-

“(2) The Regional Director shall examine the application referred to in sub-rule (1) and the application may be put up for orders without hearing and the order either approving or rejecting the application shall be passed within fifteen days of the receipt of application complete in all respects.

(3) The certified copy of order of the Regional Director, approving the alternation of memorandum for transfer of registered office company within the same State, shall be filed in Form No.INC-28 along with fee with the Registrar of State within thirty days from the date of receipt of certified copy of the order.”.

[F. No. 1/13/2013 CL-V, Vol.IV]

K. V. R. MURTY, Jt. Secy.

Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 250(E), dated the 31st March, 2014 and subsequently amended vide the following notifications:-

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