MINISTRY OF CORPORATE AFFAIRS

NOTIFICATION

New Delhi, the 8th April, 2022

G.S.R. 291(E).—In exercise of the powers conferred by section 10A read with sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Incorporation) Rules, 2014, namely:-

1. Short title and commencement. _ (1) These rules may be called the Companies (Incorporation) Amendment Rules, 2022.

(2) They shall come into force from the date of their publication in the Official Gazette. 2. In the Companies (Incorporation) Rules, 2014,

(a) in rule 12, the following proviso shall be inserted, namely:-

“Provided further that in case of a Company being incorporated as a Nidhi, the declaration by the Central Government under section 406 of the Act shall be obtained by the Nidhi before commencing the business and a declaration in this behalf shall be submitted at the stage of incorporation by the company.”

(b) In the Annexure,-

(1) for FORM No.INC.20A, the following Form shall be substituted, namely:-

Form INC-20A

(2) in FORM No.INC-32 (SPICe+), in Part-B, in Declaration, the following shall be inserted at the end, namely:-

 “? I further declare that the company shall not commence the business of Nidhi, unless all the required approvals including the declaration to be issued under section 406 of the Act have been obtained from the Central Government.”.

[F. No. 1/13/2013-CL-V, Vol.IV]

K.V.R. MURTY, Jt. Secy.

Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, section 3, subsection (i), vide number G.S.R. 250 (E), dated the 31st March, 2014 and last amended vide number G.S.R. 503(E) dated 22nd July, 2021.