License u/s 8 for new or existing companies with charitable objects – MCA Notification

License u/s 8 for new companies with charitable objects to be in Form INC-32 (SPICe) and for existing companies in INC-12. MCA Notification

MINISTRY OF CORPORATE AFFAIRS

NOTIFICATION

New Delhi, the 7th June, 2019

G.S.R. 411(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) Sixth Amendment Rules, 2019.

(2) They shall come into force with effect from 15th August, 2019.

2. In the Companies (Incorporation) Rules, 2014 (herein after referred to as the said rules), in rule 19,—

(i) in sub-rule (1), for the words, letters and figures “Form No. INC.12”, the words, letters and figures “Form INC-32 (SPICe)” shall be substituted.

(ii) in sub-rule (3),

(a) in clause (a), for the words “the draft memorandum”, the words “the memorandum” shall be substituted;

(b) in clause (b), for the words “the draft memorandum”, the words “the memorandum” shall be substituted;

3. In the Annexure to the said rules,—

(i) in Form no. INC-11, in the heading, after the words and figures “sub-section (2) of section 7”, the words and figures

“and sub-section (1) of section 8” shall be inserted.

(ii) For “Form No.INC-12”, the following Form shall be substituted,

FORM NO. INC-12
[Pursuant to section 8(5) of the Companies Act, 2013 and Rule 20 of the Companies (Incorporation) Rules, 2014]

Application for grant of License to an existing company under section 8

(iii) in Form No. INC-32 (SPICe form),—

(a) in the heading , for the words and figures “Pursuant to sections 4, 7, 12, 152 and 153”, the words, figures and brackets

“pursuant to sections 4, 8(1), 7, 12, 152 and 153” shall be substituted;

(b) in serial number 1, item “(g) Section 8 license number” shall be omitted.

(c) in attachments, after item no.19, the following item shall be inserted.

“20. Declaration in Form No.INC-14;

21. Declaration in Form No.INC-15;

22. Optional attachment(s), (if any).”.

[F. No. 1/13/2013-CL-V, Part-I, Vol.III]
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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