MCA amends Companies Incorporation Rules, SPICe+ (INC 32)/ INC 35 (AGILE PRO) notified, w.e.f. 15th February, 2020. MCA notifies the  Companies (Incorporation) Amendment Rules, 2020, whereby e-Forms SPICe (INC 32) and INC 35 (AGILE) have been substituted with SPICe+ (INC 32) and INC 35 (AGILE PRO), w.e.f. 23rd  February, 2020. Companies Incorporation Rules amended, SPICe+ (INC 32)/ INC 35 (AGILE PRO) notified, w.e.f. 23rd February, 2020: MCA Notification dt. 18th February 2020.

MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
New Delhi, the 18th February, 2020

G.S.R 128(E).—In exercise of the powers conferred by sub-sections (1) and (2) of section 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, 2020.

(2) They shall come into force with effect from the 23rd February, 2020.

2. In the Companies (Incorporation) Rules, 2014 (hereinafter referred to as the said rules), for rule 9, the following rule shall be substituted, namely:-

“9. Reservation of name or change of name.- An application for reservation of name shall be made through the web service available at www.mca.gov.in by using web service SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus: INC-32), and for change of name by using web service RUN (Reserve Unique Name) along with fee as provided in the Companies (Registration Offices and Fees) Rules, 2014, which may either be approved or rejected, as the case may be, by the Registrar, Central Registration Centre after allowing re-submission of such web form within fifteen days for rectification of the defects, if any, with effect from the 23rd February, 2020.”

3. In the said rules, in rules 10, 12, sub-rule (1) of rule 19, sub-rules (1), (2), (3), (4), (7) and (9) of rule 38, for the words, letters, figures and brackets,, “Form No INC-32 (SPICe), wherever they occur, the letters, brackets, words and figures “SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus: INC-32)” shall be substituted with effect from the 23rd February, 2020

4. In the said rules, in rule 38, in the marginal heading, for the word, brackets and letters “Electronically (SPICE)”, the words, brackets and letters “Electronically Plus (SPICE+)” shall be substituted with effect from the 23rd February, 2020.

5. In the said rules, in rule 38A,-

(i) in the marginal heading, for the words, brackets and letters “and Employees’ Provident Fund Organisation (EPFO) Registration”, the words, brackets and letters “,Employees’ Provident Fund Organisation (EPFO) Registration and Profession Tax Registration and Opening of Bank Account” shall be substituted;

(ii) for the letters “AGILE”, the letters “AGILE-PRO”, shall be substituted;

(iii) after clause (c), the following clauses shall be inserted, namely:-

“(c) Profession Tax Registration with effect from the 23rd February, 2020

(d) Opening of Bank Account with effect from 23rd February, 2020.”.

6. In the said rules, in the annexure,-

(i) for forms “RUN, e-form No INC-32 (SPICe), and e-form No.INC-35 (AGILE), the following forms shall be substituted, namely:-

FORM NO. INC-32

SPICE+

(Simplified Proforma for Incorporating Company Electronically Plus)

“[Pursuant to sections 4, 7, 8(1), 12, 152 and 153 of the Companies Act, 2013 read with rules made thereunder]

******************

FORM NO. INC-35

AGILE-PRO

(Application for Goods and services tax Identification number, employees state Insurance corporation registration plus Employees provident fund organization registration, Profession tax Registration and Opening of bank account)

[Pursuant to rule 38A of the Companies (Incorporation) Rules, 2014]

RUN

Reserve Unique Name

(For change of name only)

(Pursuant to section 4(4) of the Companies Act, 2013 and Pursuant to rule 8 & 9 of the Companies (Incorporation) Rule, 2014)

(ii) for form No.INC-9, the following form shall be substituted, namely:-

FORM NO. INC-9

Declaration by Subscribers and First Directors

‘‘Pursuant to Sections 7(1)(c) to the Companies Act, 2013 and rule 15 of the Companies (Incorporation) Rules, 2014

(iii) in form No. INC-33, the letters, words and brackets “MOA language 0 English 0 Hindi SRN of form (RUN)” shall be omitted;

(iv) in form No. INC-34, the letters, words and brackets “AOA language 0 English 0 Hindi SRN of form (RUN)” shall be omitted;

(v) in Form No.URC-1, the words and letters “Form language 0 English 0 Hindi SRN of RUN” shall be omitted.

[F. No. 1/13/2013 CL-V, Vol.IV]
K.V.R. MURTY, Jt. Secy.

Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 250(E), dated the 31st March, 2014 and last amended vide number G.S.R.793 (E) dated the 16th October, 2019.

Download Full Text of the Companies (Incorporation) Amendment Rules, 2020

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