In this editorial, author shall discuss the latest amendment made by Ministry of Corporate Affairs (MCA) in respect to Incorporation of Company with person/ company belong to country sharing land border with India like China, Pakistan, Bhutan, Myanmar, Nepal and Bangladesh:
MCA has notified Companies (Incorporation) Second Amendment Rules, 2022 w.e.f. May 20, 2022.
These amendments have been made by :
i. Form 9 in Companies (Incorporation) Second Amendment Rules, 2022 has been substituted with new formats
ii. Amendment has been made in DIR-2 (Consent of Directors).
A. AMENDMENT IN FORMAT OF INC-9:
Declaration by First Subscriber:
W.e.f. June 01, 2022 if you are incorporating any Company in India you are required to use the “New INC-9” form. In the new form following clauses has been added:
√ I am required to obtain the Government Approval under the Foreign Exchange Management (Non-Debt Instrument) Rules, 2019 prior to subscription of shares and the same has been obtained and is enclosed herewith; Or
√ I am not required to obtain the Government Approval under the Foreign Exchange Management (Non-Debt Instrument) Rules, 2019 prior to subscription of shares
B. AMENDMENT IN FORMAT OF DIR-2:
Declaration by First Director:
W.e.f. June 01, 2022 if you are incorporating any Company in India you are required to use the “New DIR-2” form. In the new form following clauses has been added:
I further declare that,
√ I am not required to obtain the security clearance from the Ministry of Home Affairs, Government of India before seeking appointment as director; or
√ I am required to obtain the security clearance from the Ministry of Home Affairs, Government of India before seeking appointment as director and the same has been obtained and is attached.
C. AMENDMENT IN FORMAT OF DIR-3: If Applying for DIN
Declaration While Applying DIN:
√ I am not required to obtain the security clearance from the Ministry of Home Affairs, Government of India under sub-rule (1) of rule 10 before applying for director identification number; or
√ I am required to obtain the security clearance from the Ministry of Home Affairs, Government of India under sub-rule (1) of rule 10 before applying for director identification number and the same has been obtained and is attached.
Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at csdiveshgoyal@gmail.com).
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