Companies (Incorporation) Fifth Amendment Rules, 2021
Ministry of Corporate Affairs (MCA) has issued Companies (Incorporation) Fifth Amendment Rules, 2021 which will be effective from 1st Sept, 2021. Vide this amendment, in the Companies (Incorporation) Rules, 2014, a new rule 33A has been inserted, which provides for allotment of a new name to the existing company under section 16(3) of the Companies Act, 2013.
This situation arises in case of rectification of name of company u/s 16 of the act, if through inadvertance a company is registered with a name which is identical with existing company.
In case a company fails to change its name or new name, as the case may be, in accordance with the direction issued under sub-section (1) of section 16 of the Act within a period of three months from the date of issue of such direction, the letters “ORDNC” (which is an abbreviation of the words “Order of Regional Director Not Complied”), the year of passing of the direction, the serial number and the existing Corporate Identity Number (CIN) of the company shall become the new name of the company without any further act or deed by the company, and the Registrar of Companies (ROC) shall accordingly make entry of the new name in the register of companies and issue a fresh certificate of incorporation in Form No.INC-11C:
Provided that nothing contained in sub-rule (1) shall apply in case e-form INC-24 filed by the company is pending for disposal at the expiry of three months from the date of issue of direction by Regional Director, unless the said e-form is subsequently rejected.
A company whose name has been changed under rule 33A, sub-rule (1) shall at once make necessary compliance with the provisions of section 12 of the Act and the statement, “Order of Regional Director Not Complied (under section 16 of the Companies Act, 2013)” shall be mentioned in brackets below the name of company, wherever its name is printed, affixed or engraved:
Provided that no such statement shall be required to be mentioned in case the company subsequently changes its name in accordance with the provisions of section 13 of the Act.