These rules may be called the Companies (Incorporation) Third Amendment Rules, 2023.
The Companies (Incorporation) Rules, 2014, in rule 30, in sub-rule (9), –
(i) The words “and may include such order as to costs as it thinks proper” shall be omitted;
(ii) after the proviso, the following proviso shall be inserted, namely:-
“Provided further that where the management of the company has been taken over by new management under a resolution plan approved under section 31 of the Insolvency Bankruptcy Code, 2016 (31 of 2016) and no appeal against the resolution plan is pending in any Court or Tribunal and no inquiry, inspection, the investigation is pending or initiated after the approval of the said resolution plan, the shifting of the registered office may be allowed.”
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