Companies (Incorporation) fourth Amendment Rules, 2016


Companies (Incorporation) fourth Amendment Rules, 2016

Ministry of Corporate Affairs vide its notification dated 01st October, 2016 has amended the Companies (Incorporation) Rules, 2014 and brought out the Simplified Proforma for Incorporating Company Electronically (SPICe). With this notification, the following amendments have been made in the rules:

1. Substitution of the sub rule (2) of the Rule 33 as under:

(2) subject to the provision of sub-rule (1), for effecting the conversion of a public company into a private company, a copy of order of the Tribunal  approving the alteration, shall be filed with the Registrar in form No. INC-27 with fee together with the printed copy of the altered articles within fifteen days from the date of receipt of the order from the Tribunal.

2. Insertion of the rule 38 -Simplified Proforma for Incorporation of Company Electronically (SPICe) w.e.f. October 02, 2016, with this insertion the following forms are notified by the MCA:

i. Incorporation of a Company in Form No. INC-32
The Form No.INC-32 is a single application for reservation of name, incorporation of a new company and/or application for allotment of DIN.

ii. e-Memorandum of Association in Form No. INC-33
This form contains standard format of Memorandum of Association.

iii. e-Article of Association in Form No. INC-34
This form contains standard format of Article of Association Electronically.

Accordingly, the Memorandum and Articles will now be filed as linked e-forms (except for Section 8 companies)

3.  Insertion of Rule 39 for Conversion of a company limited by guarantee into a company limited by shares effective from  1st November, 2016.
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