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Corporate Laws Central Ministry of Corporate Affairs Companies Act, 2013

Amendment in Companies (Incorporation) Rules, 2014

16-Oct-2019 | F. No. 1/13 13 CL-V

Following amendments are carried out through the Companies (Incorporation) Eighth Amendment Rules, 2019:
1. A name/ proposed name of the company shall be considered undesirable unless the consent of the owner of the trade mark, as the case may be, has been obtained and produced by the promoters. Earlier it was valid to obtain consent from the applicant of trademark also.
2. In case a company is "ACTIVE non compliant" it can still file form DIR-12 in following cases in addition to the earlier prescribed forms:
a. (a) cessation of any director or
(b) appointment of directors in such company where the total number of directors are less than the minimum on account of disqualification of all or any of the director under section 164.
(c) appointment of any director in such company where DINs of all or any its director(s) have been deactivated.
(d) appointment of director(s) for implementation of the order passed by the Court or Tribunal or Appellate Tribunal under the provisions of this Act or under the Insolvency and Bankruptcy Coder, 2016
3. In case of shifting the RO within the same State from the jurisdiction of one ROC to the jurisdiction of another ROC the order of RD shall be passed within 15 days of the receipt of application complete in all respects.
4. The certified copy of order of the RD, approving shifting of RO within the same State, shall be filed in Form No.INC-28 with the ROC within 30 days from the date of receipt of certified copy of the order.

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