Ministry of Corporate Affairs in India has recently issued a significant update to the Companies (Incorporation) Rules, 2023. These rules may be called the Companies (Incorporation) Second Amendment Rules, 2023, indicating a second round of changes this year. Furthermore, the update also includes a critical change in the form for filing application to the Central Government (Regional Director). The previous Form No. RD-1 has been substituted with a new format.
MINISTRY OF CORPORATE AFFAIRS
New Delhi, the 2nd August, 2023
G.S.R. 584(E).— In exercise of the powers conferred by section 3, section 4, sub-sections (5) and (6) of section 5, section 6, sub-sections (1) and (2) of section 7, sub-sections (1) and (2) of section 8, sub-sections (2), (3), (4), (5) and (9) of section 12, sub-sections (3), (4) and proviso to sub-section (5) of section 13, sub-section (2) of section 14, sub-section (1) of section 17, section 20 read with 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. (1) These rules may be called the Companies (Incorporation) Second Amendment Rules, 2023.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Companies (Incorporation) Rules, 2014, in the Annexure, for Form No.RD-1 the following form shall be substituted, namely:—
Form No. RD-1
Form for filing application to Central Government
[Pursuant to Section 2(41), 16, 18 and 233(2) of the Companies Act, 2013 and rule 33A, 40 and 41 of The Companies (Incorporation) Rules, 2014 and rule25 of the Companies(Compromises, Arrangements and Amalgamations) Rules, 2016]
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. 42(E), dated the 19th January, 2023.