- The Ministry of Corporate Affairs vide notification dated 20th October, 2023 has issued the Companies (Incorporation) Third Amendment Rules, 2023. As per the notification, Where the management of the company has been taken over by new management under a resolution plan approved under section 31 of the Insolvency Bankruptcy Code, 2016 and the new management applies for shifting registered office, it shall be allowed, subject to following conditions:
- No appeal against the resolution plan is pending in any Court or Tribunal and;
- No inquiry, inspection, investigation is pending or initiated after the approval of the said resolution plan.
- MCA has notified Companies (Management and Administration) Second Amendment Rules, 2023 which require every company to designate a person who shall be responsible for furnishing, and extending co-operation for providing, information to the Registrar or any other authorised officer with respect to beneficial interest in shares of the company. Such designated person may be Company Secretary or a KMP other than CS or every director, if no CS/KMP in the company.
- Limited Liability Partnership (Third Amendment) Rules, 2023 – which inserted new rules requiring maintaining a register of partners and declaration in respect of beneficial interest in any contribution.
MCA also informed the stakeholder that MCA has integrated with National Single Window System (NSWS) for the Incorporation of Companies and LLPs. Incorporation services can also be availed through NSWS portal.
Notification - Companies (Incorporation) Third Amendment Rules, 2023 - Click Here
Notification - Companies (Management and Administration) Second Amendment Rules, 2023 - Click Here
Notification - Limited Liability Partnership (Third Amendment) Rules, 2023 - Click Here
