Sub-section (3) of Section 12 of the Companies Act, 2013 is one of the most non-compliant sub-sections of section 12 if not of the Companies Act, 2013. It may be noticed that most medium and small size companies do not comply with this important provision.
A company shall display its name and other information in accordance with this subsection. This non-compliance may attract penalty up to one lakh rupees.
On 27th July 2017, Ministry of Corporate Affairs published a notification in Official Gazette of India amending the rules relating to shifting of registered office of a company from jurisdiction of its present registrar of companies to another registrar of companies. The Companies (Incorporation) Second Amendment Rules, 2017 came into effect from date of publication. In present post, we will discuss first aspect of such shifting of registered office – shifting within a state but from one registrar of companies to another registrar of companies.
Ministry of Corporate Affairs came out with 3rd amendment of the year to the Companies (Incorporation) Rules, 2013. The Companies (Incorporation) 3rd Amendment Rules, 2016 published in Official Gazette on 27th July 2016 and came into force from that date, is available online now. In this second blog post of 3 post series, we will discuss these amendments in rules 28, 29, 30 and 36.
UPDATE: on 30th August 2013: Companies Bill 2012 became the Companies Act, 2013 (Act 18 of 2013).
In last blog post, commencement of business and registered office, I discussed Section 11 and 12 of the Companies
Bill, 2012 Act 2013. In this post, I will discuss, Alteration of Memorandum and Articles of the company and relevant issues.
ALTERATION OF MEMORANDUM (SECTION 13):
A Company can alter its memorandum by a special resolution, and after complying requirement of Section 13.
Posted in Chapter II - CA2013, Companies Act 2013, Governance and Responsibility
Tagged Alteration of Articles, Alteration of Memorandum, Alteration of Objects, Certificate of Incorporation, Change in Name, Companies Bill 2012, CorpLaw, Corporate Law, Incorporation & Registration, Limitation on Alteration of Memorandum, Memorandum, Registered Office, Registration of Alteration of Memorandum, Shifting of Registered Office