MCA releases the Companies (Incorporation) Third Amendment Rules, 2020



Quick Summary
The Ministry of Corporate Affairs (MCA) has introduced the Companies (Incorporation) Third Amendment Rules, 2020. These new rules, effective from their publication date, introduce significant changes to the reservation of company names. Specifically, rule 9A allows for an extension of the name reservation period beyond the initial 20 days, with options for 40 or 60 days depending on the payment of specified fees.

The Ministry of Corporate Affairs has released the Companies (Incorporation) Third Amendment Rules 2020. Read the official announcement and all the amendments made in the Companies (Incorporation) Rules, 2014 below:

MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
New Delhi, 24th December, 2020

G.S.R. 795(E).—In exercise of powers conferred by section 3, sub-section (1) of section 7 and sub-sections (1) and (2) of section 469 of the Companies Act, 2013 ( 18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Incorporation) Rules, 2014 namely:-

1. (1) These rules may be called the Companies (Incorporation) Third Amendment Rules, 2020.

(2) Save as otherwise provided in these rules, they shall come into force on the date of their publication in the Official Gazette.

2. In the Companies (Incorporation) Rules, 2014 (hereinafter referred to as the said rules),after rule 9, the following rule shall be inserted with effect from 26th January, 2021, namely:-

9A. Extension of reservation of name in certain cases– Upon payment of fees provided below through the web service available at www.mca.gov.in, the Registrar shall extend the period of a name reserved under rule 9 by using web service SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus: INC-32), upto:

(a) forty days from the date of approval under rule 9, on payment of fees of rupees of one thousand rupees made before the expiry of twenty days from the date of approval under rule 9;

MCA Releases Companies (Incorporation) Third Amendment Rules, 2020

(b) sixty days from the date of approval under rule 9 on payment of fees of rupees two thousand made before the expiry of forty days referred to in clause (a) above;

(c) sixty days from the date of approval under rule 9 on payment of fees of rupees three thousand made before the expiry of twenty days from the date of approval under rule 9:

Provided that the Registrar shall have the power to cancel the reserved name in accordance with sub-section (5) of section 4 of the Act.”

3. In the said rules, in the annexure, in SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus FORM NO. INC-32), for Part –A, the following part shall be substituted, namely:-

Part A

[F. No. 1/13/2013 CL-V, Vol.III]
K.V.R. MURTY, Jt. Secy.

Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 250(E), dated the 31st March, 2014 and last amended vide number G.S.R.169 (E), dated the 12th March, 2020.

FAQ :

These are new rules released by the Ministry of Corporate Affairs that amend the existing Companies (Incorporation) Rules, 2014, introducing changes to company incorporation procedures.

The rules come into force on the date of their publication in the Official Gazette, with specific provisions like the extended name reservation period becoming effective from 26th January 2021.

The primary change is the introduction of rule 9A, which allows for an extension of the reservation period for a company's name.

The reservation period can be extended by paying a fee through the web service available at www.mca.gov.in, using the SPICe+ form.

You can extend the reservation for forty days from the approval date by paying one thousand rupees before the expiry of twenty days. Alternatively, you can extend it for sixty days by paying two thousand rupees before the expiry of forty days, or three thousand rupees before the expiry of twenty days.

Yes, the Registrar has the power to cancel a reserved name in accordance with sub-section (5) of section 4 of the Companies Act.




News posted by

Finance news reporter covering taxation, GST, income tax, business compliance, and economy updates. I simplify complex financial topics into easy-to-understand articles for professionals, taxpayers, and business owners on leading finance and tax platforms.

Comments :


More »


Popular News





CCI Pro