The weekly messenger | Edition 27.22

Regulatory news

Companies (Removal of Names of Companies from the Register of Companies) Second Amendment Rules, 2022 – 26 August 2022

The Ministry of Corporate Affairs (MCA) has issued the Companies (Removal of Names of Companies from the Register of Companies) Second Amendment Rules, 2022, wherein certain revisions have been made in the following forms:

• Form No. STK – 1 ‘Notice by Registrar for removal of name of a company from the register of companies (Pursuant to sub-section (1) of section 248 of the Companies Act, 2013 and rule 3 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016)’;

• Form No. STK – 5 ‘Public Notice (Pursuant to sub-section (1) and sub-section (4) of section 248 of the Companies Act, 2013 and rule 7 of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016)’;

• Form No. STK – 5 A ‘Public Notice (Pursuant to sub-section (1) and sub-section (4) of section 248 of the Companies Act, 2013 and second proviso to rule 7(1) of the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016)’.

These Rules shall come into force w.e.f. 26 August 2022.

For more information, click here.

Companies (Acceptance of Deposits) Amendments Rules, 2022 – 29 August 2022

The MCA has issued the Companies (Acceptance of Deposits) Amendments Rules, 2022, wherein the following changes have been made:

• In Rule 16 ‘Return of Deposits to be Filed with the Registrar’, after the words “auditor of the company”, the words, letters and figure “and declaration to that effect shall be submitted by the auditor in Form DPT-3” have been inserted.

• Form no. DPT-3 and DPT-4 have been replaced with the new forms

These Rules shall come into force w.e.f. 31 August 2022.

For more information, click here.

Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2022 – 29 August 2022

The MCA has issued the Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2022, wherein the e-form DIR-3-KYC and web-form DIR-3-KYC-WEB have been substituted with the new forms.

These Rules shall come into force w.e.f. 29 August 2022.

For more information, click here.

Companies (Registration of Charges) Second Amendment Rules, 2022 – 29 August 2022

The MCA has issued the Companies (Registration of Charges) Second Amendment Rules, 2022, wherein a new Rule i.e., Rule 13 ‘Signing of charge e-forms by insolvency resolution professional or resolution professional or liquidator for companies under resolution or liquidation’ has been inserted, which states that the form no. CHG-1, CHG-4,CHG-8 and CHG-9 shall be signed by Insolvency resolution professional or resolution professional or liquidator for companies under resolution or liquidation, as the case may be and filed with the registrar. Further, form no. CHG-1 has also been substituted with a new form.

These Rules shall come into force w.e.f. 31 August 2022.

For more information, click here.

Extension of tenure of the Company Law Committee – 5 September 2022

In September 2019, the Government of India had decided to constitute a Company Law Committee for examining and making recommendations to it on various provisions and issues pertaining to implementation of the Companies Act, 2013 and the Limited Liability Partnership Act, 2008.

The initial tenure of the aforesaid Committee was of one year from the date of its first meeting. However, post that the Government of India had extended the same at regular intervals. Now, once again, the tenure of the said Committee has been further extended by one year i.e., till 16 September 2023.

For more information, click here.