MCA notified Companies (Appointment and Qualification of Directors) Second Amendment, Rules,2022



Quick Summary
The Ministry of Corporate Affairs (MCA) has introduced the Companies (Appointment and Qualification of Directors) Second Amendment Rules, 2022. These new rules, effective from their publication in the Official Gazette, outline a process for individuals to restore their names to the director databank if they were previously removed. This restoration is subject to passing an online proficiency self-assessment test within one year.

Central Government hereby makes rules further to amend the Companies (Appointment and Qualification of Directors) Rules, 2014. Read the official notification below:

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA 
MINISTRY OF CORPORATE AFFAIRS 
NOTIFICATION 
New Delhi, the . June, 2022 

G.S R  (E). - In exercise of the powers conferred by section 149 read with section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Appointment and Qualification of Directors) Rules, 2014, namely: - 

New Rules for Director Databank Restoration Announced

1. Short title and commencement.- 

(1) These rules may be called the Companies (Appointment and Qualification of Directors) Second Amendment, Rules, 2022. 

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Companies (Appointment and Qualification of Directors) Rules, 2014, in rule 6, after sub-rule (4), the following sub-rule shall be inserted, namely: -

"(5) Any individual whose name has been removed from the databank under sub-rule (4), may apply for restoration of his name on payment of fees of one thousand rupees and the institute shall allow such restoration subject to the following conditions, namely:-

(i) his name shall be shown in a separate restored category for a period of one year from the date of restoration within which, he shall be required to pass the online proficiency self-assessment test and thereafter his name shall be included in the databank, only, if he passes the said online proficiency self-assessment test and in such case, the fees paid by him at the time of initial registration shall continue to be valid for the period for which the same was initially paid; and

(ii) in case he fails to pass the online proficiency self-assessment test within one year from the date of restoration, his name shall be removed from the data bank and he shall be required to apply afresh under sub-rule (1) for inclusion of his name in the databank.". 

[F. No. 8/4/2018-CL-I- Part I]
(Manoj Pandey) 
Joint Secretary to the Government of India 

Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide notification number G.S.R. 259(E), dated the 31st March, 2014 and were last amended vide notification number G.S.R. 410 (E), dated the 1st June, 2022. 
 

FAQ :

These are new rules made by the Central Government to further amend the Companies (Appointment and Qualification of Directors) Rules, 2014, concerning the appointment and qualifications of company directors.

The rules shall come into force on the date of their publication in the Official Gazette.

An individual whose name has been removed from the databank can apply for restoration by paying a fee of one thousand rupees.

The individual must pass an online proficiency self-assessment test within one year of restoration. Their name will be listed in a separate restored category during this period.

If the individual fails to pass the online proficiency self-assessment test within one year of restoration, their name will be removed from the databank, and they will need to apply afresh.

The fee for restoring a name to the databank is one thousand rupees.




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