Rule 12 of Companies (Incorporation) Rules, 2014 related to Application for incorporation of companies provides that application shall be filed, with the jurisdictional Registrar in Form No.INC-2 (for One Person Company) and Form No. INC-7 (other than One Person Company) along with the prescribed fee.
Rule 24 related to Declaration at the time of commencement of business provided that before filing a declaration by the director in Form No.INC-21 in the case of a company requiring registration from sectoral regulators such as Reserve Bank of India, Securities and Exchange Board of India etc, the approval from such regulator shall be required.
Rule 19(2) provides that memorandum of association of a section 8 company shall be in Form No.INC.13.
Rule 20 related to grant of License under section 8 for existing companies provides that the license shall be in Form No.INC-16.
MCA has amended the above Companies (Incorporation) Rules by providing for sectoral regulator’s approval at the time of incorporation only and omitted Form INC-21 as under:
Government of India
New Delhi, Dated the 29lh May, 2015
G.S.R. (E). - In exercise of the powers conferred by section 7 read with 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. (1) These rules may be called the Companies (Incorporation) Second Amendment Rules, 2015
(2) They shall come Into force from the date of their publication In the Official Gazette.
2. In the Companies (Incorporation) Rules, 2014
(a) In rule 12, the following proviso shall be inserted, namely: -
"Provided that In case pursuing of any of the objects of a company requires registration or approval from sectoral regulators such as Reserve Bank of India, Securities and Exchange Board, registration or approval, as the case may be, from such regulator shall be obtained by the company before pursuing such objects and a declaration in this behalf shall be submitted at the stage of incorporation of the company.";
(b) rule 24 shall be omitted;
(c) In the Annexure, -
(i) for the existing Form INC- 13 and Form INC-16, the following Form INC-13 and Form INC- 16 shall respectively be substituted, namely: -
Form No. INC-13 and INC-16 Click Here >>
(ii) Form INC-21 shall be omitted.
(File No. 1/13/2013-CLV)
(Amardeep Singh Bhatia)