Change In Company Constitution Of The Importer And Its Effect On Previously Issued Form43
by Dolly K. Digital Marketing ExecutiveThe cosmetic industry in India is under the regulation of
Drugs & Cosmetics Rules of Government and a gazette notification was issued
that made registration of all imported cosmetics mandatory. Every importer has
to obtain a cosmetic registration certificate from the Government for bringing
the cosmetic to the Indian market.
But after obtaining a registration
certificate if there is a change in the company constitution then it again
needs a fresh registration. Be it an importer or an Indian agent if there is a
change in the constitution, one has to inform the respective licensing
authority promptly. In such situations, the existing registration certificate
will remain valid only for three months from the particular date when the
change has occurred. And if in between a new registration certificate is issued
by the licensing authority in the firm's name with the new constitution then
the old one will become invalid as per the condition prescribed on no-4 of form 43.
In some of the other cases when a company is merged with
another company, then the agent or the importer should inform the licensing
authority on immediate basis in writing and must submit a new application
according to the rules set because whether it is the acquisition or merger it
is thought as a change in the constitution of the company. The fresh
application has to be made along with the required fees. This is in contrast to
other changes like change in the composition of the product, testing method,
process of manufacturing etc. that do not require a new registration
application.
While applying for a new registration certificate it is
required to submit the labels to CDSCO integrating all details according to the
Drugs & Cosmetics Rules 1945. The importers of the cosmetic products in
India are required to proceed everything in compliance with cosmetic
registration rules and must integrate India specific requirements like the
importer details, registration certificate number post landing of the products
at customs warehouse or any place that is approved by CDSCO before they release
into the market.
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Created on Jan 29th 2021 05:10. Viewed 116 times.