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Shifting of Registered Office in India

Procedure for Shifting of Registered Office from One State or Union Territory to Another State or Union Territory

Posted by admin on 29 Dec 2016

A brief Procedure for Shifting of Registered Office from One State or Union Territory to Another State or Union Territory.

1. Under Sub-Section (4) of Section 13 of Companies Act, 2013 an application shall be filled with the Central Government in Form No. INC. 23 along with fee with following documents, namely-

a. A Copy of the Memorandum of Articles and Association.

b. A Copy of the Notice convening the General Meeting along with relevant Explanatory Statement.

c. A copy of the special resolution sanctioning the alteration by the members of the company.

(d) A copy of the minutes of the general meeting at which the resolution authorizing such alteration was passed, giving details of the number of votes cast in favor or against the resolution.

(e) An affidavit verifying the application.

(f) The list of creditors and debenture holders entitled to object to the application.

(g) An affidavit verifying the list of creditors.

(h) The document relating to payment of application fee.

(i) A copy of Board of Resolution or Power of Attorney or the executed Vakalatnama, as the case may be.

(j) List of Creditors and Debenture holders up to latest practicable date and not older than one month from date of filling of application.

(k) The nature and respective amount due to them in respect of debts, claims or liabilities. The List of Creditors and debenture holders with list of nature and respective dues must be signed by Company Secretary of the Company, if any and not less than two of the directors of the company one of the be managing director if any. The list also kept at the registered office of the company for inspection by any person at price not more than Rs. 10 per page.

(l) An affidavit from the directors of the company that no employee of the company be retrenched as consequence of shifting of office, and there shall be an application filled with the Chief Secretary of the concerned State Government or the Union Territory.

(m) The Acknowledgment of service of the application with complete annexures submitted to the registrar of companies and Chief Secretary of the State or Union Territory where the registered office situated.

(n) The Company shall at least fourteen days before the date of hearing-

(i) Advertise the application in INC.26 in a vernacular newspaper in principal vernacular language and once in English Language in an English News Paper.

(ii) Individual notices sent to each debenture-holder and creditor of the company.

(iii) Serve, by registered post, a notice together with the copy of the application to the Registrar of Companies, and SEBI (in respect of Listed Company) and any other Regulatory body if company is regulated under.

(o) If any objection received from any person/party who is interested in the company, the applicant shall serve a copy thereof to the Central Government on or before the date of hearing and if No objection certificate (NOC) has been received from the person/party than application may be put for orders without hearing.

Shifting of registered office shall not be allowed, If any inquiry or investigation has been initiated against the company or any prosecution is pending against the company.

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