12 August 2021
The MCA vide its notification dated 22 July 2021 has notified the Companies (Incorporation) Fifth Amendment Rules, 2021. These rules shall come into effect from 01 September 2021.
A new rule, Rule 33A has been inserted in the Companies (Incorporation) Rules 2014 which provides for allocation of new name to a company on failure by the company to comply with direction issued by the Central Government under section 16 of the Companies Act, 2013 (“Companies Act”). Section 16 of the Companies Act provides that that the Central Government may issue necessary directions to the company to change its name, if the name of the company is identical to a company already registered under the Companies Act or is identical to a registered trademark under the Trade Marks Act, 1999.
According to the new Rule 33A, if a company does not comply with the direction issued by the Central Government within 3 months the letters 'ORDNC' (“Order of Regional Director Not Complied”) along with the year of passing of the direction, the serial number and the existing corporate identity number will become the new name of the Company. Further a new certificate of incorporation shall be issued by the Registrar of Companies. Further, on change of the name, the company will have to mention ORDNC brackets below the name of the company, wherever its name is printed, affixed or engraved.
However, the new Rule 33A shall not be applicable to company where an application under e-form INC-24 is pending for disposal before the Central Government.
Please click here to read the notification. (Pdf 4 Pages)
