Jun 30, 2022

Amendment in Companies (Incorporation) Rules, 2014

The MCA, by its Notification dated May 20, 2022, has amended the Companies (Incorporation) Rules, 2014, which is effective from June 01, 2022, by amending Form INC-9 which relates to the declaration to be filed by the subscribers to the memorandum and first directors, and Form INC-32 (SPICe+) which relates to incorporation of a company. The amendment to Form INC-9 requires such subscribers and directors to declare whether prior Government approval was required under the NDI Rules for subscribing to the shares (and if approval is required, to enclose the Government approval). Further, the amendment to Part B of Form INC-32 (SPICe+) requires an additional declaration in relation to the proposed directors that if the person seeking appointment is a national of a country which shares a land border with India, necessary security clearance from the Ministry of Home Affairs (‘MHA’), Government of India is attached.

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