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TMI BlogCompanies (Incorporation) Fourth Amendment Rules, 2018X X X X Extracts X X X X X X X X Extracts X X X X ..... anies (Incorporation) Fourth Amendment Rules, 2018. (2) They shall come into force on the date of their publication in the official Gazette. 2. In the Companies (Incorporation) Rules, 2014 (hereinafter referred to as the said rules), after rule 23 , the following rule shall be inserted, namely:- 23A. Declaration at the time of commencement of business. - The declaration under section 10A by a director shall be in Form No.INC-20A and shall be filed as provided in the Companies (Registration Offices and Fees) Rules, 2014 and the contents of the said form shall be verified by a Company Secretary or a Chartered Accountant or a Cost Accountant, in practice: Provided that in the case of a company pursuing objects ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r defects or incompleteness, on the last intimated e-mail address of the person or the company, which has filed such application, directing the person or the company to furnish such information, or to rectify defects or incompleteness and to re-submit such application within a period of fifteen days, in e-Form No. RD-GNL-5. Provided that a maximum of two re-submissions shall be allowed. (3) (a) In case where such further information called for has not been provided or the defects or incompleteness has not been rectified to the satisfaction of the Regional Director within the period allowed under sub-rule (2), the Regional Director shall reject the application with reasons within thirty days from the date of filing application or w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncluding the alterations pursuant to sub-section (68) of section 2; (b) a copy of the minutes of the general meeting at which the special resolution authorising such alteration was passed together with details of votes cast in favour and or against with names of dissenters; (c) a copy of Board resolution or Power of Attorney dated not earlier than thirty days, as the case may be, authorising to file application for such conversion; (d) declaration by a key managerial personnel that pursuant to the provisions of sub-section (68) of section 2 , the company limits the number of its members to two hundred and also stating that no deposit has been accepted by the company in violation of the Act and rules made thereunder; (e) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on, a list of creditors, debenture holders, drawn up to the latest practicable date preceding the date of filing of application by not more than thirty days, setting forth the following details, namely:- (a) the names and address of every creditor and debenture holder of the company; (b) the nature and respective amounts due to them in respect of debts, claims or liabilities; (c) in respect of any contingent or unascertained debt, the value, so far as can be justly estimated of such debt: Provided that the company shall file an affidavit, signed by the Company Secretary of the company, if any, and not less than two directors of the company, one of whom shall be managing director, where there is one, to the effect that they ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d from any person in response to the advertisement or notice referred to in sub-rule (5) and the application is complete in all respects, the same may be put up for orders without hearing and the concerned Regional Director shall pass an order approving the application within thirty days from the date of receipt of the application. (b) Where the Regional Director on examining the application finds it necessary to call for further information or finds such application to be defective or incomplete in any respect, he shall within thirty days from the date of receipt of the application, give intimation of such information called for or defects or incompleteness, on the last intimated e-mail address of the person or the company, which has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with reasons within thirty days from the date of hearing, failing which it shall be deemed that application has been approved and approval order shall be automatically issued to the applicant. (ii) In case where no consensus is received for conversion within sixty days of filing the application while hearing or otherwise, the Regional Director shall reject the application within stipulated period of sixty days: Provided that the conversion shall not be allowed if any inquiry, inspection or investigation has been initiated against the company or any prosecution is pending against the company under the Act. (10) On completion of such inquiry, inspection or investigation as a consequence of which no prosecution is envisaged or no p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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