Companies (Incorporation) Third Amendment Rules,
2019
The companies
(Incorporation) Rules, 2019 contain 40 rules along with Annexures to these
rules As below;
1 Short Title
and Commencement
2 Definitions
3 One Person
Company
4 Nomination by
the Subscriber or Member of One Person Company
5 Penalty
6 One Person
Company to Convert Itself into a Public Company or a Private Company in Certain
Cases
7 Conversion of
private company into One Person Company
7A Penalty
8 Undesirable
Names
9 Reservation of
Name
10 Where
Articles Contains Entrenchment Provisions
11 Model
Articles
12 Application
for Incorporation of Companies
13 Signing of
Memorandum and Articles
14 Declaration
by Professionals
15 Declaration
from Subscribers and First Directors
16 Particulars
of every subscriber to be filed with the Registrar at the time of incorporation
17 Particulars
of First Directors of the Company and their Consent to Act as Such
18 Certificate
of Incorporation
19 License Under
Section 8 for New Companies With Charitable Objects etc.
20 License for
Existing Companies
21 Conditions
for Conversion of a Company Registered U/s 8 into a Company of Any Other kind
22 Other
Conditions to be Complied With by Companies Registered Under Section 8 Seeking
Conversion into Any Other Kind
23 Intimation to
Registrar of Revocation of Licence Issued Under Section 8
23A Declaration
at the time of commencement of business
24 Notice and
Veification of Change of Situation of the Registered Office
25 Verification
of Registered Office
25A Active
Company Tagging Identities and Verification (ACTIVE)
26 Publication
of Name by Company
27 Notice and
Verification of Change of Situation of the Registered Office
28 Shifting of
Registered Office Within the Same State
29 Alteration of
Memorandum by Change of Name
30 Shifting of
Registered Office from One State or Union territory to Another State
31 Certified
Copy of Central Government's Order
32 Change of
Objects for Which Money is Raised Through Prospectus
33 Alteration of
Articles
34 Copies of
Memorandum and Articles, etc. to be Given to Members on Request Being Made by
Them
35 Service of
Documents
36 Integrated
Process for Incorporation
37 Conversion of
Unlimited Liability Company into a Limited Liability Company by Shares or
Guarantee
38 Simplified Proforma for incorporating Company
Electronically (SPICE)
38A**
Application For Registration Of The Goods And Service Tax Indentification
Number (GSTIN), Employees’ State Insurance Corporation (ESIC) Registration And
Employees’ Provident Fund Organisation (EPFO) Registration. (AGILE)
39 Conversion of
a company limited by guarantee into a company limited by shares
40.Application
under sub-section (41) of section 2 for change in financial year
Annexure The
Companies (Incorporation) Rules, 2014
Brief summery of
above new rule 38A inserted via third amendment.
Date
of notification: 29th march, 2019
Date
of effective: 31st march, 2019
A new e-form AGILE (INC-35)
introduced in this rule and it is available on MCA as AGILE
E-form
AGILE (INC-35) is a linked form
to be filed with INC-32.
It is not mandatory to apply for
GSTIN through this form you can select
NO option so that all mandatory boxes will hide and just insert DIN/PAN of person
who has Affix his DSC in INC-32 form.
|
If you want to
apply for GST number then select “YES” els No.
Now you have to
fill all details from 2-13 points in form.
Attachments:
Proof of
Principal Place of Business (there is a criteria of maximum size of document
allowed to be attached depending upon the proof you attach, so one needs to
refer it).
Proof of
Appointment of Authorized Signatory (Letter of Authorization or Board
Resolution & Acceptance Letter).
|
If you select
“No” just Affix DSC of person who has signed INC spice form and file it with
INC-32.
|
