Companies (Central Government’s) General Rules and Forms (Third Amendment) Rules, 2007 – Substitution of Rule 4A

NOTIFICATION NO. G.S.R. 720 (E), DATED 16-11-2007

In exercise of the powers conferred by clauses (a) and (b) of sub-section (1) of section 642 read with section 610B of the Companies Act, 1956 (1 of 1956), the Central Government hereby makes the following rules to amend the Companies (Central Government’s) General Rules and Forms, 1956, namely: -

1. (1) These rules may be called the Companies (Central Government’s) General Rules and Forms (Third Amendment) Rules, 2007.

(2) These rules shall came into force with effect from the 19th of November 2007.

2. In the Companies (Central Government’s) General Rules and Forms, 1956, for rule 4A, the following shall be substituted, namely -

“4A. (1) The promoters of a company under a proposed name or a company seeking to change its name may make an application to the Registrar of Companies of the State in which the registered office of the proposed company or of the company to be or is situated.

(2) The application shall be in Form 1A and be accompanied by a fee of rupees five hundred only.

 (3) The Registrar shall cause to examine the application as to whether the changed name or the name with which the proposed company is to be registered, as the case may be, is undesirable within the meaning of section 20. In case the name is undesirable, he may reject the same or ask for resubmission of the application with new names or calls for further information, ordinarily within three days of receipt of the application:

Provided that the applicants shall be given only upto two opportunities for re-submission of their proposal against the fee paid in the first instance for name availability after the original application is filed. In the event the registrar does not find the proposals so submitted and resubmitted as fit for approval, he shall reject the application after the second re-submission. However, the applicant will be at liberty to file fresh application along with prescribed fee.

(4) Where the Registrar of Companies informs the company or the promoters of the company that the changed name or the name with which the proposed company is to be registered, as the case may be, is not undesirable, such name shall be available for adoption by the said company or by the said promoters of the company for a period of sixty days from the date the name is allowed:

Provided that if the name so allowed is not adopted on or before the expiry of the period of sixty days from the date it is allowed, the applicant may apply for extension for retention of such name for a further period of thirty days on payment of fifty per cent of the fee prescribed for the application at the initial stage:

Also provided that no further extension will be granted after expiry of ninety days from the date the name is allowed in the first instance. The name allowed shall lapse after expiry of sixty or ninety days, as the case may be, from the date it is allowed first:

Provided further that the name allowed by the Registrar before the date of this notification comes into force, if not adopted, shall lapse after the expiry of a period of six months from the date on which the name was initially allowed or renewed. However, in case the name has not been renewed earlier, the applicant on or before the date of expiry, may apply for one time extension of such name for a further period of thirty days on payment of fifty per cent of the fee prescribed for the application at the initial stage.”

[F. No. 2/8/2007-CL.V]