MCA has issued Companies (Incorporation) Third Amendment Rules, 2018 and amended Companies (Incorporation) Rules, 2014 for Substitution of Explanation to Rule 3(1) relating to the meaning of the term ‘Resident in India’ and Rule 15 pertaining to Affidavit from Subscribers and First Directors. to give effect to such rules MCA has notified Section 5 and Section 6 of Companies (Amendment) Act, 2017 i.e. Section 7 and 12 of Companies Act, 2013.

Sections of Companies (Amendment) Act, 2017 notified wef 27th July, 2018

S. No. Section of Companies (Amendment) Act, 2017 Amended Section of Companies Act, 2013 Title
1. Section 5 Item (c) of sub-section (1) of section 7 Incorporation of a Company:

The requirement of an affidavit from first subscribers and directors has been replaced with a declaration therefrom

2. Section 6 Sub-section (1) and (4) of section 12 Registered Office of the Company:

The time limit for having a registered Office for a company and communication of the change of situation of registered office with the ROC has been enhanced from 15 days to 30 days from the date of incorporation and the date of change respectively.

The Ministry has also notified the Companies (Incorporation) Third Amendment Rules, 2018, for Substitution of Explanation to Rule 3(1) relating to the meaning of the term ‘Resident in India’ and Rule 15 pertaining to Affidavit from Subscribers and First Directors.

FULL TEXT OF NOTIFICATION ISSUED BY MCA IS AS FOLLOWS:-

Government of India
Ministry of Corporate Affairs
Notification

New Delhi, the 27th July, 2018

S.O. 3684(E).- In exercise of the powers conferred by sub-section (2) of section 1 of the Companies (Amendment) Act, 2017 (1 of 2018), the Central Government hereby appoints the day of 27th July, 2018 as the date on which the following provisions of the said Act shall come into force, namely:-

Sl. No. Sections
1. Section 5; and
2. Section 6

[File No. 1 /1/2018-CL.I]

(K.V.P. Murty)
Joint Secretary to the Government of India

Copy to File No. 1/13/2013-CL-V-Part-I-Vol-II

Author Bio

Qualification: CS
Company: ASHU & ASSOCIATES
Location: DELHI, New Delhi, IN
Member Since: 23 Jul 2018 | Total Posts: 2
Ashu Beniwal is an associate member of "The Institute of Company Secretary of India" &; for any query/suggestion can be reached at or what's app +91-9891443787 or Email at [email protected] View Full Profile

My Published Posts

More Under Company Law

Leave a Comment

Your email address will not be published. Required fields are marked *

Search Posts by Date

June 2021
M T W T F S S
 123456
78910111213
14151617181920
21222324252627
282930