Gazette Tracker
Gazette Tracker

Core Purpose

Notification making the Companies (Incorporation) Second Amendment Rules, 2023, substituting Form No. RD-1 in the Companies (Incorporation) Rules, 2014.

Detailed Summary

G.S.R. 584(E), issued by the Ministry of Corporate Affairs on 2 August 2023 in exercise of powers under sections 3, 4, 5(5) and (6), 6, 7(1) and (2), 8(1) and (2), 12(2), (3), (4), (5) and (9), 13(3), (4) and the proviso to (5), 14(2), 17(1) and 20 read with sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013), makes the Companies (Incorporation) Second Amendment Rules, 2023, effective from publication in the Official Gazette, substituting Form No. RD-1 ('Form for filing application to Central Government (Regional Director)', filed pursuant to sections 2(41), 16, 18 and 233(2) of the Companies Act, 2013 and rules 33A, 40 and 41 of the Companies (Incorporation) Rules, 2014 and rule 25 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016) in the Annexure to the Companies (Incorporation) Rules, 2014; the notification notes that the principal rules were published via G.S.R. 250(E) dated 31 March 2014 and last amended via G.S.R. 42(E) dated 19 January 2023; the notification bears file number 1/13/2013-CL-V, Vol. IV and is signed by Manoj Pandey, Joint Secretary.

Full Text

EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 457] NEW DELHI, WEDNESDAY , AUGUST 2, 2023/ SHRAVANA 11, 1945 CG-DL-E-04082023-247850 z MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, the 2nd August, 2023 G.S.R. 584(E).— In exercise of the powers conferred by sectio n 3, section 4, sub -sections (5) and (6) of section 5, section 6, sub -sections (1) and (2) of section 7, sub -sections (1) and (2) of section 8, sub-sections (2), (3), (4), (5) and (9) of section 12, sub -sections (3), (4) and proviso to sub -section (5) of s ection 13, sub -section (2) of section 14, sub -section (1) of section 17, section 20 read with 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 Comp anies (Incorporation) Rules, 2014, namely: - 1. (1) These rules may be called the Companies (Incorporation) Second Amendment Rules, 2023. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Companies (In corporation) Rules, 2014, in the Annexure, for Form No.RD -1 the following form shall be substituted, namely: — Form No. RD -1 Form for filing application to Central Government (Regional Director) [Pursuant to Section 2(41), 16, 18 and 233(2) of the Companies Act, 2013 and rule 33A, 40 and 41 of The Companies (Incorporation) Rules, 2014 and rule 25 of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016] Refer instruction kit for filing the form All fields marked in * a re mandatory Company Information 1 *Corporate Identity Number (CIN) 2 (a) *Name of the Company (b) *Email ID of the company Form language English Hindi (c) *Address of the registered office of the company 3 *Please indicate the purp ose of the application Rectification of name Change in financial year Conversion of Public company into a Private company Notice of approval of the scheme of merger in CAA -11 Others 4 (a) Specify the details of purpose (In case ‘Others’ is selected above) (b) Section of The Companies Act, 2013 under which application is made 5 (a) CIN of company against which the application for rectification of name is being made (b) Name of the company against which the application is made 6 Please mention the new financial year beginning and end date (a) Beginning Date (DD/MM/YYYY) (b) End Date (DD/MM/YYYY) 7 *Details as to whether a company registered under Section 8 of the Act Yes No 8 (a) Date of passing of Board Resolution (DD/MM/YYYY) (b) Mode of Resolution (Physical/Circular) (c) Number of votes casted in favor (d) Number of votes casted against 9 (a) Service request number of Form MGT -14 (b) Date of passing special resolution (DD/MM/YYYY) 10 *Grounds for filling the application 11 (a) Date of publication of advertisement in English language as per rule 41 of the Companies (Incorporation) Rules, 2014 (DD/MM/YYYY) (b) Date of publication of advertisement in vernacular language as per rule 41 of the Companies (Incorporation ) Rules, 2014 (DD/MM/YYYY) 12 Particulars of Creditors and Debenture Holders Delete row S. No. Name of the Creditor / Debenture Holder Type Address Amount Due Remarks (Nature of Debt / Claim / Liability) Download excel Delete row Add row Import Max 2 MB Choose File Download Remove Max 2 MB Remove Download Choose File Max 2 MB Choose File Remove Download Download Remove Choose File Max 2 MB Download Remove Choose File Max 2 MB 13 (a) Details of any previous application made within last five years for change in financial year and outcome thereof (b) Details of any conversion made within last five years and outcome thereof 14. Details of transferor company(s) Number of tr ansferor company(s) Corporate Identity Number (CIN) of transferor Name of the company Attachments (a) Copy of board resolution (b) Copy of special resolution (c) Copy of advertisement (d_Copy o f approved scheme of merger in CAA -11 (e) Optional attachment(s) - if any Declaration *I am authorised by the Board of Directors of the Company vide resolution number* dated * to sign this is form and declare that all the requirements of Companies Act, 2013 the rules made thereunder in respect of the subject matter of this form and matters incidental thereto have been complie d with. * I hereby declare that all the information given herein above is true, correct and complete including the attachments to this form and nothing material has been suppressed. Declaration under Rule 41 of the Companies (Incorporation) Rules, 2014 * I, on behalf of Board of Directors, hereby declare that pursuant to the provisions of sub -sectio n (68) of section 2, the company limits the number of its members to two hundred and also no deposit has been accepted by the company in violation of the Act and rules made thereunder. * I , on behalf of Board of Directors, hereby declare that no non -compliance of sections 73 to 76A, 77, 178, 185, 186 and 188 of the Act and rules made thereunder has been made * I, on behalf of Board of Directors, hereby declare that no resolution is pending to be filed in terms of sub - section (3) of section 179 and also the company was never listed in any of the Regional Stock Exchanges and if was so listed, all necessary procedures were complied with in full for complete delisting of the shares in accordance with the applicable rules and regulations laid down by Securities Exchange Board of India. DSC BOX DSC BOX DSC BOX * To be digitally signed by * Designation (Director/Manager/Company Secretary/ CFO/CEO) *Director identification number of the director; or DIN or PAN of the Manager/CEO/CFO; or Membership number of the C ompany Secretary Note: Attention isdrawn to provisions of Section 448 and 449 of the Companies Act, 2013 which provide for punishment for false statement/certificate and punishment for false evidence respectively. For office use only: eForm Service request number (SRN) eForm filing date (DD/MM/YYYY) Digital signature of the authorising officer This eForm is hereby approved This eForm is hereby rejected Date of signing (DD/MM/YYYY) [F. No. 1/13/2013 -CL-V, Vol. IV] MANOJ PANDEY , 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 amende d, vide number G. S. R. 42(E), dated the 19th January, 2023. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054. Submit Save

Never miss important gazettes

Create a free account to save gazettes, add notes, and get email alerts for keywords you care about.

Sign Up Free