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
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