Key Highlights-Companies Incorporation Amendment Rules 2016

The Central Government, by notification dated 27th July, 2016 has amended the Companies Incorporation Rules 2014 by the Third Amendment Rules of 2016. 

The key Highlights of the major amendments are as under:

Rule(s) Changes made
Rule 8 Undesirable Names Reference made to Trade Marks Act, 1999
Rule 13 Signing of Memorandum and Articles the type written or printed particulars of the subscribers and witnesses allowed
Rule 16 Particulars of subscribers to be filed with ROC

Proof of identity and residence of a subscriber holding a valid and updated DIN  need not be attached

Rule 26 Publication of name by company

Company having a website to disclose disclose/publish its name, address of its registered office, the Corporate Identity Number, Telephone number, fax number if any , email and the name ofthe person who may be contacted in case of any queries or grievances on the landinglhome page of the said website.

Rule 28 Shifting of registered office within the same State

Shifting of registered office shall be allowed on completion of inquiry, inspection or investigation as a consequence of which no prosecution is envisaged or no prosecution is pending,

 

Rule 29 Alteration of Memorandum by change of name

Company to be allowed to change its name upon filing due annual return/financial statements or payment of matured deposits.

Rule 30 Shifting of registered office from one State or Union territory to another State

NOC from RBI and SEBI is also required for NBFC and listed companies respectively.

Shifting of registered office shall be allowed on completion of inquiry, inspection or investigation as a consequence of which no prosecution is envisaged or no prosecution is pending

Rule 37. Conversion of unlimited Iiability company into a limited Iiability company by shares or guarantee

New Rule inserted

 

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