The Ministry of Corporate Affairs (MCA) on October 20, 2023, published the Companies (Incorporation) Third Amendment Rules, 2023 to further amend the Companies (Incorporation) Rules, 2014.
This shall come into force on October 21, 2023
The following has been amended namely: -
• in rule 30 which states “Shifting of Registered Office from one State or Union Territory to another State” in sub-rule (9), -
(i) The words “and may include such order as to costs as it thinks proper" shall be omitted.
(ii) after the proviso, the following proviso shall be inserted, namely: -
“Provided further that where the management of the company has been taken over by new management under a resolution plan approved under section 31 of the Insolvency Bankruptcy Code, 2016 (31 of 2016) and no appeal against the resolution plan is pending in any Court or Tribunal and no inquiry, inspection, the investigation is pending or initiated after the approval of the said resolution plan, the shifting of the registered office may be allowed.
[Notification No. G.S.R. 790(E)]
