Companies (Incorporation) fourth Amendment Rules 2016

By | October 2, 2016

[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i)]

Government of India



New Delhi, 1st October, 2016

G.S.R. …… (E).—ln exercise of the powers conferred by sub-sections (1) and (2) of section 469 ot- the Companies Act, 2013 (18 of 20’13), the Central Government hereby makes the following rules further to amend the Companies ( Incorporation) Rules, 2014, namely: —

1. (1) These rules may he called the Companies (Incorporation) fourth Amendment Rules, 2016.

(2) Save as otherwise provided, these rules shall come into force on the date of their publication in the Official Gazette.

2. In the Companies (Incorporation) Rules, 2014 (hereinafter referred to as the principal rules), in rule 33, for sub-rule (2), the following shall be substituted, namely:-

“(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 altered articles within fifteen days from the date of receipt of the order from the Tribunal”.

3. In the principal rules, after rule 37, the following rule shall be inserted, with effect from 2nd October 2016, namely:-

“38. Simplified Proforma for incorporating Company Electronically (SPICI) (1) The simplified integrated process for incorporation of a company in Form No. INC-32 alongwith c-Memorandum of Association in Form No. INC-33 and e-Articles of Association in Form No. INC-34.

(2) The provisions of sub-rule (2) to sub-rule (13) of rule 36 shall apply nilitatis imitandis for incorporation under this rule.

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