The Ministry of Corporate Affairs vide notification dated 20th October,2023 has issued the Companies (Incorporation) Third Amendment Rules, 2023. They shall come into force with effect from 21st October, 2023.
Where the management of the company has been taken over by new management under a resolution plan approved under section 31 of the Insolvency Bankruptcy Code, 2016 and the new management applies for shifting registered office, it shall be allowed, subject to following conditions:
- No appeal against the resolution plan is pending in any Court or Tribunal and;
- No inquiry, inspection, investigation is pending or initiated after the approval of the said resolution plan.