The Ministry of Corporate Affairs (the MCA) vide its notification dated 7 June 2019 has amended the Companies Incorporation Rules, 2014 to simplify and fast track the incorporation procedure.
The new amendment act “Companies (Incorporation) Sixth Amendment Rules, 2019”shall be effective from 15th August 2019.
With a view to simplify the process for incorporating Section 8 Companies, requirement of prior filing of INC-12 for new section-8 companies is being dispensed.
Any person who desirous of incorporating a company under section 8 (Not for Profit Organisation), under the Companies Act, 2013 can make an application in e-Form INC-32 (SPICe Form).
No separate application for license is required to be made. Licence No. for a section 8 companies shall henceforth be allotted at the time of incorporation itself.
Therefore, in view of the above, all pending INC-12 SRNs for new Companies pending at respective RoCs would be marked as ‘Rejected’ on 15th August 2019. Such applicants may thereafter directly file SPICe for obtaining License Number and for incorporation of Section 8 Companies.
Further, Stakeholders who have already obtained License Numbers and are yet to file SPICe form for incorporating Sec 8 companies may do so at their convenience but it may be noted that the forms shall be processed only after a certain time lag to allow for work flow changes to take effect.
Those stakeholders who have already filed SPICe forms which are pending at CRC may await processing of these forms after the work flow changes take effect.
Click here for Notification: http://www.mca.gov.in/Ministry/pdf/Rules_07062019.pdf