Friday, 27 February 2015

Shifting of Registered Office of a company from One State to another

For Shifting registered office from one state to another, company should hold the meeting of Board Of Directorsfor considering the proposal and notice of board meeting must be given to all the directors before seven days of meeting.

 In Board meeting, directors should fix the date, time and place of Extra Ordinary General Meeting and should approve the notice for the same.

Board of Director must authorize the Company Secretary or Director to file an application to Regional Director to alter clause II of MOA. 

At the General Meeting a Special Resolution has to be passed for the same .
In case of listed companies, the resolution must be passed by Postal Ballot u/s 110.

After holding General meeting, Prepare minutes of the same. After taking approval from members, company should file MGT-14 (with special resolution, explanatory statement, altered AOA and altered MOA) with ROC.

Publish a general notice in 2 newspapers (one in regional newspaper and one in English newspaper) stating the substance of petition which is in wide circulation. The notice must also state that if anyone’s interest is affected due to change shall intimate RD within 21 days of notice.

Send notice to all creditors and debenture holders. 
File petition in form INC-23 to Regional Director and MCA with following enclosures namely: 

  • Certificate of incorporation;
  • AOA & MOA;
  • Notice of Extraordinary General Meeting;
  • Minutes;
  • Certified copy of Special resolutions;
  • Copy of advertisement;
  • Certificate from statutory auditors;
  • Evidencing proof of dispatch of notice;
  • Affidavit from Directors;
  • Board resolution;
  • MGT-14;
  • Copy of form Inc-23 along with challan.

File a Copy of General notice with Petition to Government of the state where new registered office is situated. After receiving the order from RD, company shall file the copy of that order to ROC within one month.

File form INC-22 with ROC within thirty days of change.

Alter the memorandum with respect to change of state. Notify the change in the newspaper.

No comments:

Post a Comment