The Ministry of Corporate Affairs (MCA) on January 23, 2023, published the Companies (Incorporation) Amendment Rules, 2023 to further amend the Companies (Incorporation) Rules, 2014.
This shall come into force on January 23, 2023
The following has been amended namely: -
• In rule 4 which states “Nomination by the subscriber or member of One Person Company”
(i) For sub-rule (2), the following sub-rule shall be substituted, namely: -
"(2) The name of the person nominated under sub-rule (l) shall be mentioned in the memorandum of One Person Company and such nomination details along with the consent of such nominee shall be filled in Form No. INC-32 (SPICe+) as a declaration and the said Form along with the fee as provided in the Companies (Registration offices and fees) Rules, 2014 shall be filed with the Registrar at the time of incorporation of the company along with its e-memorandum and e-articles."
(ii) In the proviso to sub-rule (3), for the words, letters, and figure, INC.3" the words, letters, and figure, "which shall be filed a declaration in Form no. INC.4." shall be substituted.
(iii) In sub-rule (4), for the words, letters, and figure, "in Form No. INC.3", the words, letters, and figure, "in the form of a declaration in Form No. INC-4" shall be substituted.
(iv) in sub-rule (5), for the words, letters, and figure, "prior consent of such another person in Form No. INC-3", the words, letters, and figure, "consent of such another person and his declaration shall be filed in Form No. INC-4" shall be substituted.
Disclaimer: refer to the document to view the amendments in detail.
[Notification No. G.S.R.(E)]
