Companies (Management and Administration) Amendment Rules, 2022

The MCA vide its Notification No. G.S.R. 279(E) dtd. 06^th April, 2022 has notified Companies (Management and Administration) Amendment Rules, 2022 to amend the existing set of Rules. The amendment pertains to restricting inspection and extraction of certain details from register, index or return in respect of the members of a company. Vide this amendment sub-rule (3) is added to Rule 14 of Companies (Management and Administration) Rules, 2014 which provides for inspection by members.

This notification shall come into force on the date of its publication in the Official Gazette i.e., 06^th April, 2022.

The amended Rule stands as follows:

(1) The registers and indices maintained pursuant to section 88 and copies of returns prepared pursuant to section 92, shall be open for inspection during business hours, at such reasonable time on every working day as the board may decide, by any member, debenture holder, other security holder or beneficial owner without payment of fee and by any other person on payment of such fee as may be specified in the articles of association of the company but not exceeding fifty rupees for each inspection.

Explanation- For the purposes of this sub-rule, reasonable time of not less than two hours on every working day shall be considered by the company.

(2) Any such member, debenture holder, security holder or beneficial owner or any other person may require a copy of any such register or entries therein or return on payment of such fee as may be specified in the articles of association of the company but not exceeding ten rupees for each page. Such copy or entries or return shall be supplied within seven days of deposit of such fee.

(3) Notwithstanding anything contained in sub-rules (1) and (2), the following particulars of the register or index or return in respect of the members of a company shall not be made available for any inspection under sub-section (2) or for taking extracts or copies under sub-section (3) of section 94, namely:

i. address or registered address (in case of a body corporate); ii. e-mail ID;

iii. Unique Identification Number; iv. PAN Number.

FULL TEXT OF THE NOTIFICATION IS AS FOLLOWS:-

MINISTRY OF CORPORATE AFFAIRS

NOTIFICATION

New Delhi, the 6th April, 2022

G.S.R. 279(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 (Management and Administration) Rules, 2014, namely:-

1. Short title and commencement. – (1) These rules may be called the Companies (Management and Administration) Amendment Rules, 2022.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Companies (Management and Administration) Rules, 2014, in rule 14, after sub-rule (2), the following sub-rule shall be inserted, namely:-

“(3) Notwithstanding anything contained in sub-rules (1) and (2), the following particulars of the register or index or return in respect of the members of a company shall not be made available for any inspection under sub-section (2) or for taking extracts or copies under sub-section (3) of section 94, namely:-

i. address or registered address (in case of a body corporate);

ii. e-mail ID;

iii. Unique Identification Number;

iv. PAN Number.”.

[F. No. 01/34/2013 CL-V (Pt-II)]

K. V. R. MURTY, Jt. Secy.

Note : The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 260(E) dated 31st March, 2014 and subsequently amended vide the following notifications :-