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    Sbil Amendments 2023

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    Indu Sarkar
    1. The Companies (Incorporation) Amendment Rules 2023 have omitted some forms and substituted others. Forms related to one person companies and rectification of defects have been affected. 2. When issuing a license under section 8 to existing companies, the registrar will now also consider the company's financial statements and reports from the previous two years. 3. The rules for converting a one person company or private company to another form have been amended to reduce attachments required and include additional documents like creditors' consent.

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    Sbil Amendments 2023

    Uploaded by

    Indu Sarkar
    21 views2 pages
    1. The Companies (Incorporation) Amendment Rules 2023 have omitted some forms and substituted others. Forms related to one person companies and rectification of defects have been affected. 2. When issuing a license under section 8 to existing companies, the registrar will now also consider the company's financial statements and reports from the previous two years. 3. The rules for converting a one person company or private company to another form have been amended to reduce attachments required and include additional documents like creditors' consent.

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    1. The Companies (Incorporation) Amendment Rules 2023 have omitted some forms and substituted others. Forms related to one person companies and rectification of defects have been affected. 2. When issuing a license under section 8 to existing companies, the registrar will now also consider the company's financial statements and reports from the previous two years. 3. The rules for converting a one person company or private company to another form have been amended to reduce attachments required and include additional documents like creditors' consent.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    21 views2 pages

    Sbil Amendments 2023

    Uploaded by

    Indu Sarkar
    1. The Companies (Incorporation) Amendment Rules 2023 have omitted some forms and substituted others. Forms related to one person companies and rectification of defects have been affected. 2. When issuing a license under section 8 to existing companies, the registrar will now also consider the company's financial statements and reports from the previous two years. 3. The rules for converting a one person company or private company to another form have been amended to reduce attachments required and include additional documents like creditors' consent.

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    © All Rights Reserved
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    of 2

    YT Channel- YES Academy for CS & Law CS Executive – SBIL Amendments for Dec 2023

    CHAPTER 2 – CORPORATE ENTITIES - COMPANIES

    The Companies (Incorporation) Amendment Rules 2023


    1. According to the amendment Forms INC-3 (One Person Company – Nominee Consent
    Form), INC-14 (Declaration), INC-15 (Declaration) and RD-GNL- 5 (filing addendum for
    rectification of defects or incompleteness) has been omitted.
    2. Further, Forms RUN, INC-4, INC-6, INC-9, INC-12, INC-13, INC-18, INC-20, INC-20A, INC-
    22, INC-23, INC- 24, INC-27, INC-28, INC-3I, SPICE+ (INC-32), INC-33, INC-34, INC-35
    (AGILE-PRO-S) and RD-1 are substituted.

    Brief Analysis:
    1. The amendment in rule 4(2) provides that the name of the nominee of the owner of an
    OPC shall be mentioned in the memorandum of One Person Company (OPC) and such nomi-
    nation details along with the consent of such nominee shall be filled in Form No. INC-32
    (SPICe+) as a declaration and the said Form along with the fee as provided in the Compa-
    nies (Registration offices and fees) Rules, 2014 shall be filed with the Registrar at the time
    of incorporation of the company along with its e-memorandum and e-articles.
    2. Vide this notification, Rule 20(5) is modified to introduce additional matter of consideration
    by the Registrar in case of issuing License under section 8 for Existing Companies, namely:

    The Registrar shall after considering two years financial statements immediately preceding
    the date of application or when the company has functioned only for one financial year, for
    such year including Board’s reports and audit reports, relating to the existing companies, and
    after considering objections, if any received by it within thirty days from the date of publi-
    cation of notice, and after consulting any authority, regulatory body, Department or Ministry
    of Central Government or the State Government(s), as it may, in its discretion, decide
    whether the license should or should not be granted.

    CS VIKAS VOHRA 8888 078 078 | YES ACADEMY FOR CS, PUNE 8888 235 235 / In Karma, I Believe.. 1
    YT Channel- YES Academy for CS & Law CS Executive – SBIL Amendments for Dec 2023

    CHAPTER 6 – CONVERSION OF ENTITIES

    1. [Conversion of One Person Company into a Public company or a Private company] is amended
    to reduce the number of attachments which were required be enclosed in e-Form INC-6 by
    stating that, the company shall file an application in e-Form No. INC-6 for its conversion into
    Private or Public Company

    On being satisfied that the requirements have been complied with, the Registrar after examining
    the latest audited financial statement shall approve the form and issue certificate.
    1. (Conversion of private company into One Person Company) sub-rule 4 is modified to include
    an additional enclosure in Form no. INC-6 i.e. altered e-MOA and e-AOA, Copy of NOC of
    every creditor with the application of conversion and affidavit of directors confirming that all
    the members of the company have given their consent for conversion.

    CS VIKAS VOHRA 8888 078 078 | YES ACADEMY FOR CS, PUNE 8888 235 235 / In Karma, I Believe.. 2

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