Companies (Incorporation) Fifth Amendment Rules, 2021

Last updated: 23 July 2021

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The Ministry of Corporate Affairs has introduced the Companies (Incorporation) Fifth Amendment Rules, 2021, effective from 1st September 2021. These rules introduce a new procedure for companies that fail to comply with directions to change their name within three months. If a company does not change its name as directed, its new name will automatically become 'ORDNC' followed by the year of the direction, a serial number, and the company's existing CIN. The Registrar will then issue a fresh certificate of incorporation.

MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, the 22nd July, 2021 G.S.R. 503(E).- In exercise of the powers conferred by sub-sections (1) and (3) of section 16, and ub-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) Fifth Amendment Rules, 2021. (2) They shall co

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FAQ :

These rules come into force from the 1st September, 2021.

If a company fails to change its name within three months of a direction, its new name will automatically become 'ORDNC', the year of the direction, a serial number, and its existing Corporate Identity Number (CIN).

'ORDNC' is an abbreviation for 'Order of Regional Director Not Complied'.

No, the new name will be applied automatically without any further act or deed by the company. The Registrar will make the entry and issue a fresh certificate of incorporation.

Yes, this rule does not apply if an e-form INC-24 filed by the company is pending for disposal at the expiry of the three-month period, unless the e-form is subsequently rejected.

The company must immediately comply with the provisions of section 12 of the Act and mention the statement, 'Order of Regional Director Not Complied (under section 16 of the Companies Act, 2013)' in brackets below its name wherever it is printed or engraved.