October 18, 2019
Summary of Notification issued by MCA on 16/10/2019
1.Companies (Incorporation) Eighth Amendment Rules, 2019 dated 16.10.2019
MCA vide its notification has amended Companies (Incorporation) Rules, 2014 with following amendments:
1. Proposed name of the Company is not considered as undesirable if the name includes a registered trade mark in the same class of goods or services to be carried out by the company if the consent of the owner of the trade mark is obtained. Earlier, consent from applicant for registration of the trademark was also required.
2. A Company which is marked as Active-non-complaint cannot file DIR-12 except for:
a. cessation of any director
b. appointment of directors in such company where the total number of directors are less than the minimum number on account of disqualification of all or any of the director
c. appointment of any director where DINs of all or any of its director(s) have been deactivated.
d. appointment of director(s) for implementation of the order passed by the Court or Tribunal or Appellate Tribunal
3. The application filed by any company for shifting its registered office within the same State from the jurisdiction of one ROC to the jurisdiction of another ROC will be examined by the Regional Director and put up for orders without hearing. Such order shall be passed within fifteen days of the receipt of application. The Company has to file the order in Form No.INC-28 within thirty days of receipt of the certified copy.