Companies (Central Government’s) General Rules and Forms (Second Amendment), 2010 - Insertion of rule 20G(1) and Form No. 68 - G.S.R. 177(E). - Companies Law

[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY PART - II, SECTION 3, SUB-SECTION (i)] GOVERNMENT OF INDIA MINISTRY OF CORPORATE AFFAIRS Notification New Delhi, 5th March, 2010. Subject:- Companies (Central Government s) General Rules and Forms (Second Amendment), 2010 - Insertion of rule 20G(1) and Form No. 68 G.S.R. 177(E).- In exercise of the powers conferred by sub-section (1) of section 642 read with sub-section (1) of section 610B of the Companies Act, 1956, the Central Government hereby makes the following rules further to amend the Companies (Central Government s) General Rules and Forms, 1956, namely: 1. (1) These rules may be called the Companies (Central Government s) General Rules and Forms (Second Amendment), 2010. (2) They shall come into force with effect from the 14th day of March, 2010. 2. In the Companies (Central Government s) General Rules and Forms, 1956, hereinafter referred to as the said rules, ( i ) after rule 20F, the following rule shall be inserted, namely : 20G (1) An application for rectification of mistakes made while filing Form No. 1, Form No. 1A and Form No. 44 electronically, on the Ministry s website, shall be made to the Registrar of Companies in Form No. 68 and such application shall be accompanied by fee of rupees one thousand for rectification of mistakes in Form No. 1 and Form No. 1A and rupees ten thousand for rectification of mistakes in Form No. 44 respectively; (2) An application in Form No. 68 complete in all respects shall be made to the Registrar within a period of three sixty-five days from the date of approval of Form No. 1, Form No. 1A and Form No. 44 respectively by the Registrar: Provided that the provision relating to the rectification of mistakes as is referred to in sub-rule (1) shall also be made applicable to the Form No. 1, Form No. 1A and Form No. 44 filed and approved electronically on the Ministry s website, prior to the 14th day of March, 2010; (3) After receiving the application for rectification of mistakes, the Registrar shall examine the said application based on the relevant documents filed and available on record and thereafter approve the application and intimate the mistakes rectified to the applicant within a period of sixty days from the date of filing of the said application: Provided that the rectification of mistakes shall be allowed only once in respect of one company. ( ii ) in Annexure A , after Form No. 67, the following Form shall be inserted, namely : FORM NO. 68 Application for rectification of mistakes apparent on record [Pursuant to rule 20G of the Companies (Central Government s) General Rules and Forms, 1956] Note : All fields marked in *are to be mandatorily filled. 1. ( a ) *This form is for rectification of information filed through Form 1A Form 1 Form 44 ( b ) *Form 1A reference number [Service Request Pre-Fill Number (SRN) of approved Form 1A] or SRN of approved Form 1 or SRN of approved Form 44. 2. ( a ) Corporate Identity Number (CIN) or Foreign Company Registration Number (FCRN) of company ( b ) Global Location Number (GLN) of company 3. ( a ) Name of the company ( b ) Address of the registered office or of the principal place of business in India of the company ( c ) Name of the applicant ( d ) *e-mail ID 4. Rectification required in respect of Form 1A Originally filled in information vide above-mentioned SRN ( a ) Approved name of the company ( b ) Type of the company ( c ) Category of the company ( d ) Sub-category of the company Enter the correct information that should have been filled in. Enter only the relevant field(s) from the following, which need to be rectified. ( e ) Type of the company New company (others) Section 25 company Part IX company Producer (Part IX-A) company ( f ) Category (select whichever is applicable) ( g ) Sub-category (select whichever is applicable) 5. Rectification required in respect of Form 1 Originally filled in information vide above-mentioned SRN ( a ) Name of the company ( b ) Type of the company ( c ) Category of the company ( d ) Sub-category of the company Enter the correct information that should have been filled in. Enter only the relevant field(s) from the following, which need to be rectified. ( e ) Type of the company New company (others) Section 25 company Part IX company Producer (Part IX-A) company ( f ) Category (select whichever is applicable) ( g ) Sub-category (select whichever is applicable) 6. Rectification required in respect of Form 44 Originally filled in information vide above-mentioned SRN ( a ) Name of the company ( b ) Country where the company is registered (ISO country code) ( c ) Country ( d ) Type of office ( e ) If other, then details Enter the correct information that should have been filled in. Enter only the relevant field(s) from the following, which need to be rectified. ( f ) Name of the company ( g ) Country where the company is registered (enter ISO country code) ( h ) Country ( i ) Type of office ( j ) If other, then provide details 7. *Reason for committing error Attachments 1. Board resolution authorising the rectification List of attachments 2. Optional attachment(s) if any Attach Attach Remove attachment Verification To the best of my knowledge and belief, the information given in this application and its attachment(s) is correct and complete. I have been authorised by the Board of Directors resolution number dated (DD/MM/YYYY) to sign and submit this application I am a promoter (proposed first subscriber to the MoA) and I am also authorised by the other proposed first subscribers to sign and submit this application. I am authorised to sign and submit this application. To be digitally signed by Applicant or Managing Director or Director or Manager or Secretary (In case of an Indian company) or an authorised representative (In case of a foreign company) *Designation *Director identification number (DIN) or Income-tax PAN or passport number of the Applicant; or DIN of the Managing Director or Director; or Income-tax PAN of the manager or authorised representative; or Membership number, if applicable or Income-tax PAN of the Secretary (Secretary of a company who is not a member of ICSI, may quote his/her Income-tax PAN) Certificate It is hereby certified that I have verified the above particulars [including attachment(s)] from the records of and found them to be true and correct. I further certify that all required attachment(s) have been completely attached to this form. Chartered Accountant (in whole-time practice) or Cost Accountant (in whole-time practice) or Company Secretary (in whole-time practice) *Whether associate or fellow Associate Fellow Membership number or certificate of practice number Modify Check Form Pre-scrutiny Submit For office use only: Affix filing details e-Form Service request number (SRN) e-Form filing date (DD/MM/YYYY) Digital signature of the authorizing officer This e-Form is hereby approved Confirm submission This e-Form is hereby rejected Date of signing (DD/MM/YYYY) . [F. No. 01/02/2010-CL-V] Renuka Kumar, Joint Secretary. Note: The principal rules were published vide number S.R.O. 432A, dated the 18th February, 1956 and was last amended vide number G.S.R. 68(E), dated the 10th February, 2010.