Companies (Incorporation) Rules, 2014


Rule No.

Mode of change

Amendment

Effect of amendment

3(1) Explanation I & II

Substitution

“Explanation I. – For the purpose of this rule, the term “resident in India” means a person who has stayed in India for a period of not less than one hundred and eighty-two days during the immediately preceding financial year.

 

Explanation II. – For the purpose of this rule, while counting the number of days of stay of a director in India for the financial year 2018-19, any period of stay between 01.01.2018 till the date of notification of this rule shall also be counted”;

Residential status of a director is now required to be computed on the basis of 182 days of stay in India during immediately preceding financial year and not on one calendar year.

15

Substitution

15. Declaration from Subscribers and First Directors.-

For the purposes of clause (c) of sub-section (1) of section 7, the declaration shall be submitted by each of thesubscribers to the memorandum and each of the first directors named in thearticles in Form No.INC-9."

While making an application for registration of company, certain documents and information are required to be filed with ROC. These documents include a declaration (prior to amendment affidavit was required) from each of the subscribers to the memorandum and from persons named as the first directors, if any, in the articles confirming the following:

 

  • He is not convicted of any offence in connection with the promotion, formation or management of any company, or that he has not been found guilty of any fraud or misfeasance or of any breach of duty to any company under the 2013 Act or any previous company law during the preceding 5 years and
  • All documents filed with the ROC for registration of the company contains information that is correct and complete and true to the best of his knowledge and belief.

 

Form no INC-9 & INC-32

Substitution

In Form No. INC-9, for the word 'Affidavit', the word 'Declaration' shall be substituted;

 

In Form No. INC-32, (SPICe), in the List of Attachments, in item number 3, forthe words and brackets "Affidavit and declaration by first subscriber(s) anddirector(s)" the words and brackets "Declaration by first subscriber(s) anddirector(s)" shall be substituted.

 

For details please click Source MCA


Posted on 06/08/2018
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