The Ministry of Corporate Affairs (MCA) vide notification dated 16th October 2019 has published the Companies (Incorporation) Eighth Amendment Rules, 2019 to further amend the Companies (Incorporation) Rules, 2014.The Amendment shall be effective from 16th October 2019
Key Amendments from the notification:
1. The rule 8A(1)(b) is amended in such a way that a trademark name can be used by a company only with the consent of the owner, as opposed to the prior clause allowing the same with the consent of applicant of trademark as well.
2. Rule 25A (1) mandates the FILING e- FORM Active containing the particulars of the company. Companies defaulting in filing of the Form shall be marked “Active Non-Compliant”. In such circumstances, no request for recording event based information or changes as listed in the fourth proviso to the Rule shall be accepted by the Registrar unless “ e-Form ACTIVE” is filed.
This amendment seeks to substitute item (iii) – in the list of event based disclosures which will not be accepted for failure to file eForm ACTIVE as under:
DIR-12 (changes in Director except in case of:
- cessation of any director or
- Appointment of directors in such company where the total number of directors are less than the minimum number (i.e. 2 in case of private company and 3 in case of public company) in on account of disqualification of all or any of the director under section 164.
- Appointment of any director in such company where DINs of all or any its director(s) have been deactivated.
- Appointment of director(s) for implementation of the order passed by the Court or NCLT or NCLAT under the provisions of the Act or under the Insolvency and Bankruptcy Code, 2016).
3. Rule 28, providing for shifting of registered office within the same state, is amended to provide a new timeline for passing orders by the regional director. The order either approving or rejecting the application for shifting of registered office shall be issued within 15 days of the receipt of complete application. The certified copy of the order, approving the alteration of the memorandum for transfer of registered office of the company within the same State, shall be filed in Form No.INC-28 along with fee with the Registrar of State within 30 days from the date of receipt of certified copy of the order.
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