Companies Incorporation Fifth Amendment Rules, 2019

[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)]

GOVERNMENT OF INDIA

MINISTRY OF CORPORATE AFFAIRS

NOTIFICATION

New Delhi, the 10th, May, 2019

G.S.R……..(E)._- In exercise of the powers conferred by 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.- (l) These rules may be called the
Companies (Incorporation) Fifth Amendment Rules, 2019.

(2) They shall come into force on the date of their publication in the Official Gazette.

2 In the Companies (Incorporation) Rules, 2014, for rule 8, the Following rules shall be substituted, namely: –

“8. Names which resemble too nearly with name of existing company.- (1) A name applied for shall be deemed to resemble too nearly with the name of an existing company, if, and only if, after comparing the name applied for with the name of an existing company by disregarding the matters set out in sub-rule (2), the names are same.

(2) The following matters are to be disregarded while comparing the names under sub-rule (1):-

(a) the words like Private, Pvt, Pvt., (P), OPC Pvt. Ltd. IFSC Limited, IFSC Pvt. Limited, Producer Limited, Limited , Unlimited, Ltd, Ltd., LLP, Limited Liability Partnership, company, and company, & co, & co., co., co, corporation, corp, corpn, corp or group; (b) the plural or singular form of words in one or both names;