Companies (Incorporation) Fourth Amendment Rules, 2021

Last updated: 11 June 2021

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The Ministry of Corporate Affairs has issued the Companies (Incorporation) Fourth Amendment Rules, 2021. These rules, effective from their publication date, amend the Companies (Incorporation) Rules, 2014. Key changes include updating the marginal heading of rule 38A to include 'Shops and Establishment Registration' and replacing the AGILE-PRO form with AGILE-PRO-S. Additionally, specific clauses related to Profession Tax Registration and Opening of Bank Account have been updated, and 'Shops and Establishment Registration' has been added as a new clause.

MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
New Delhi, the 7th June, 2021

G.S.R. 392(E).- In exercise of the powers conferred by 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) Fourth Amendment Rules, 2021.

(2) 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), in rule 38A,-

(i) in the marginal heading, for the words, “and Opening of Bank Account”, the words, “,Opening of Bank Account and Shops and Establishment Registration”, shall be substituted;

(ii) in the opening portion, for the letters “AGILE-PRO”, the letters “AGILE-PRO-S” shall be substituted;

(iii) for clauses “(c) and (d)” relating to “Profession Tax Registration and Opening of Bank Account”, the following clauses shall be substituted, namely:-

“(d) Profession Tax Registration with effect from the 23rd February, 2020;

(e) Opening Bank Account with effect from the 23rd February, 2020;

(f) Shops and Establishment Registration.”.

3. in the Annexure to the said rules, for the e-Form No.INC-35, the following form shall be substituted, namely:-

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

Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (i), vide number G.S.R. 250(E), dated the 31st March, 2014 and last amended vide number G.S.R.158 (E), dated the 5th March, 2021.

FAQ :

These are new rules made by the Central Government to further amend the Companies (Incorporation) Rules, 2014, exercising powers under the Companies Act, 2013.

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

The marginal heading has been updated to include 'Shops and Establishment Registration', the AGILE-PRO form has been replaced with AGILE-PRO-S, and clauses related to Profession Tax Registration and Bank Account opening have been updated, with Shops and Establishment Registration now being a distinct clause.

The e-Form No. INC-35 has been substituted with a new form, as detailed in the Annexure.

Yes, Profession Tax Registration and Opening of Bank Account are effective from the 23rd February, 2020.

Notification No : G.S.R. 392(E)
Source : https://www.mca.gov.in/bin/ebook/dms/getdocument?doc=MTc2NjY=&docCategory=NotificationsAndCirculars&type=download

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