Companies (Incorporation) Third Amendment Rules, 2019
The companies (Incorporation) Rules, 2019 contain 40 rules along with Annexures to these rules As below;
1 Short Title and Commencement
3 One Person Company
4 Nomination by the Subscriber or Member of One Person Company
6 One Person Company to Convert Itself into a Public Company or a Private Company in Certain Cases
7 Conversion of private company into One Person Company
8 Undesirable Names
9 Reservation of Name
10 Where Articles Contains Entrenchment Provisions
11 Model Articles
12 Application for Incorporation of Companies
13 Signing of Memorandum and Articles
14 Declaration by Professionals
15 Declaration from Subscribers and First Directors
16 Particulars of every subscriber to be filed with the Registrar at the time of incorporation
17 Particulars of First Directors of the Company and their Consent to Act as Such
18 Certificate of Incorporation
19 License Under Section 8 for New Companies With Charitable Objects etc.
20 License for Existing Companies
21 Conditions for Conversion of a Company Registered U/s 8 into a Company of Any Other kind
22 Other Conditions to be Complied With by Companies Registered Under Section 8 Seeking Conversion into Any Other Kind
23 Intimation to Registrar of Revocation of Licence Issued Under Section 8
23A Declaration at the time of commencement of business
24 Notice and Veification of Change of Situation of the Registered Office
25 Verification of Registered Office
25A Active Company Tagging Identities and Verification (ACTIVE)
26 Publication of Name by Company
27 Notice and Verification of Change of Situation of the Registered Office
28 Shifting of Registered Office Within the Same State
29 Alteration of Memorandum by Change of Name
30 Shifting of Registered Office from One State or Union territory to Another State
31 Certified Copy of Central Government's Order
32 Change of Objects for Which Money is Raised Through Prospectus
33 Alteration of Articles
34 Copies of Memorandum and Articles, etc. to be Given to Members on Request Being Made by Them
35 Service of Documents
36 Integrated Process for Incorporation
37 Conversion of Unlimited Liability Company into a Limited Liability Company by Shares or Guarantee
38 Simplified Proforma for incorporating Company Electronically (SPICE)
38A** Application For Registration Of The Goods And Service Tax Indentification Number (GSTIN), Employees’ State Insurance Corporation (ESIC) Registration And Employees’ Provident Fund Organisation (EPFO) Registration. (AGILE)
39 Conversion of a company limited by guarantee into a company limited by shares
40.Application under sub-section (41) of section 2 for change in financial year
Annexure The Companies (Incorporation) Rules, 2014
The brief summary of the above new rule 38A inserted via the third amendment.
Date of notification: 29th March, 2019
Date of effective: 31st March, 2019
A new e-form AGILE (INC-35) introduced in this rule and it is available on MCA as AGILE E-form
AGILE (INC-35) is a linked form to be filed with INC-32.
It is not mandatory to apply for GSTIN through this form you can select NO option so that all mandatory boxes will hide and just insert DIN/PAN of person who has Affix his DSC in INC-32 form.
If you want to apply for GST number then select “YES” els No.
Now you have to fill all the details from 2-13 points in form.
Proof of Principal Place of Business (there is a criterion of the maximum size of the document allowed to be attached depending upon the proof you attach, so one needs to refer it).
Proof of Appointment of Authorized Signatory (Letter of Authorization or Board Resolution & Acceptance Letter).
If you select “No” just Affix DSC of person who has signed INC spice form and files it with INC-32.
Qualification: company secretary Company: Kamal S & Associates Location: mumbai
Member Since: 21 Feb 2019 | Total Articles Contributed:4
About Author : CS Kamal Soni is Associate Member of Institute of Companies Secretaries of India having good experience in legal and secretarial matters. he is also a post graduate in master in commerce.
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