MCA amends the Companies (Incorporation) Rules, 2014, effective from 23rd January, 2023

The Ministry of Corporate Affairs has amended Companies (Incorporation) Rules, 2014 ( “Principal Rules”) which will be effective from 23rd January 2023. These rules are called the Companies (Incorporation) Amendment Rules, 2023 ( “ Amended Rules”)

The following are the Key Highlights of the Amended Rules:

1. The name of the person nominated have to be mentioned in the memorandum of One Person Company and such nomination details along with consent of such nominee should be filled in Form No. INC-32 (SPICe+) as a declaration and the said Form along with fee as provided in the Companies (Registration offices and fees) Rules, 2014 should be filed with the Registrar at the time of incorporation of the company along with its e-memorandum and e articles.
2. The company should 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, along with fees as provided in the Companies (Registration Offices and Fees) Rules, 2014 with altered e-MOA and e-AOA.
3. The company should file an application in e-Form No. INC-6 for conversion into One Person Company along with fees as provided in Companies (Registration Offices and Fees) Rules, 2014 by attaching following details or documents, namely:-
   1. altered e-MOA and e-AOA;
   2. copy of NOC of every creditors with the application for conversion;
   3. affidavit of directors confirming that all the members of the company have given their consent for conversion
4. Form numbers RUN, INC-4, INC-6, INC- 9, INC-12, INC-13, INC-18, INC-20, INC-20A, INC-22, INC-23, INC-24, INC-27, INC-28, INC-3I, SPICE+ (INC-32), INC-33, INC-34, INC-35 and RD-1 will be substituted.

For a detailed read, please refer to the hyperlink below.

Source : Ministry of Corporate Affairs