Monday, 1 September 2014

MISCELLANEOUS RULES

In this post, we will discuss three miscellaneous rules from the Companies (Miscellaneous) Rules 2014. Rule 9 and 10 are originally in these Rules. Rule 11 is inserted with effect from 17th July 2014.
Fees for application to Central Government
For the purposes of sub-section (2) of section 459, every application which may be, or is required to be,
made to the Central Government under any provision of the Act-
  1. in respect of any approval, sanction, consent, confirmation or recognition to be accorded by that Government to, or in relation to, any matter; or
  2. in respect of any direction or exemption to be given or granted by that Government in relation to any matter; or
  3. in respect of any other matter,
shall be accompanied by such fee as provided in the Companies (Registration Offices and Fees) Rules, 2014. [Rule 9 of the Companies (Miscellaneous) Rules 2014]
Association or partnership of persons exceeding certain number
No association or partnership shall be formed, consisting of more than fifty persons for the purpose of carrying on any business that has for its objects the acquisition of gain by the association or partnership or by individual members thereof, unless it is registered as a company under the Act or is formed under any other law for the time being in force. [Rule 10 of the Companies (Miscellaneous) Rules 2014]
Applications or forms pending before Central Government, Regional Director or Registrar of Companies
Any application or form filed with the Central Government or Regional Director or Registrar (hereinafter referred to as ‘the authority’) prior to the commencement of these rules but not disposed of by such authority for want of any information or document shall, on its submission, to the satisfaction of the authority, be disposed of in accordance with the rules made under the Companies Act, 1956 (1 of 1956). [Rule 11 of the Companies (Miscellaneous) Rules 2014]

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