Companies (Incorporation) Amendment Rules, 2023

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....ion 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Incorporation) Rules, 2014, namely:- 1. Short title and commencement.- (1) These rules may be called the Companies (Incorporation) Amendment Rules, 2023. (2) They shall come into force with effect from 23rd January 2023. 2. In the Companies (Incorporation) Rules, 2014 (hereinafter referred to as the said rules) in rule 4,- (i) for sub-rule (2), the following sub-rule shall be substituted, namely:- "(2) The name of the person nominated under sub-rule (1) shall be mentioned in the memorandum of One Person Company and such nomination details along with consent of such nominee shall be filled in Form....

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....3), the following sub-rule shall be substituted, namely:- "(3) The company shall file an application in e-Form No. INC-6 for its conversion into Private or Public Company, other than under section 8 of the Act, alongwith fees as provided in the Companies (Registration Offices and Fees) Rules, 2014 with altered e-MOA and e-AOA."; (ii) for sub-rule (4), the following sub-rule shall be substituted, namely:- "(4) On being satisfied that the requirements have been complied with, the Registrar after examining the latest audited financial statement shall approve the form and issue certificate."; 4. In rule 7 of the said rules,- (i) for sub-rule (4), the following sub-rule shall be substituted, namely:- "(4) The company shall file an app....

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....ns of section 8 of the Act and rules made thereunder and that all the requirements of the Act and the rules made thereunder or supplemental thereto have been complied with; (c) a statement showing in detail the assets (with the values thereof), and the liabilities of the company, as on the date of the application or within thirty days preceding that date; (d) the certified copy of the resolution passed in general or board meetings approving registration of the company under section 8 of the Act; and (e) a declaration by each of the persons making the application."; (ii) for sub-rule (5), the following sub-rule shall be substituted, namely:- "(5) The Registrar shall after considering two years financial statements immediately prece....

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....ts", shall be substituted; (ii) in sub-rule (2) for the words "attached to the application", the words, "particulars of" and for the word "details" the words, "details in the application" shall be substituted. (iii) in sub-rule (4),- (A) the words "Registrar and" shall be omitted; (B) the following proviso shall be inserted, namely:- "Provided that the applicant need not to submit separate copy of application with the Registrar and an intimation of filing of application in Form no. INC-23 with the Regional Director shall be shared with the Registrar through MCA system." 11. in rule 33 of the said rules, for sub-rule (2), the following sub-rule shall be substituted, namely.- "(2) subject to the provisions of sub-rule (1), for ef....