||Rule 28- Shifting of registered office within the same State from the jurisdiction one Registrar of Companies to another Registrar of Companies.
- Earlier this amendment, at least 1 month before filing any application with RD, the company shall: -
(Now, company is not required to comply with this provision).
- publish a notice for the change of registered office, at least once in a daily newspaper published in English and in the principal language of that district in which the registered office of the company is situated and circulating in that district; and
- serve individual notice on each debenture holder, depositor and creditor of the company, clearly indicating the matter of application and stating that any person whose interest is likely to be affected by the proposed alteration of MOA may intimate his nature of interest and grounds of opposition to RD with a copy to the company.
- Earlier this amendment, shifting of registered office was not allowed if any inquiry, inspection or investigation has been initiated against the company or any prosecution is pending against the company under the Companies Act, 2013.
(Now, company can shift its registered office in case of any inquiry, inspection or investigation has been initiated against the company or any prosecution is pending against the company under the Companies Act, 2013).
- An application seeking confirmation from RD for shifting the registered office within the same state from the jurisdiction of one ROC to the jurisdiction of another ROC, shall be filed by the company with RD in Form INC-23 along with the fee and follo0wing documents:-
(Before this amendment, documents were not prescribed for the application seeking confirmation from RD).
- Board Resolution for shifting of registered office;
- Special Resolution of the members of the company approving the shifting of registered office;
- a declaration given by KMP or any 2 directors authorised by the Board, that the company has not defaulted in payment dues to its workmen and has either the consent of its creditors for the proposed shifting or has made necessary provision for the payment thereof;
- a declaration not to seek change in the jurisdiction of the Court where cases for prosecution are pending; and
- acknowledged copy of intimation to the Chief Secretary of the State as to the proposed shifting and that the employees interest is not adversely affected consequent to proposed shifting.
||Rule 30- Shifting of Registered Office from one State or Union Territory to another State.
- the Central Government shall hold a hearing or hearings, as required and direct the company to file an affidavit to record the consensus reached at the hearing, upon executjng which, the Central Government shall pass an order approving the shifting, within sixty days of filing the application.
- where no consensus is reached at the hearings the company shall file an affidavit specifying the manner in which objection is to be resolved within a definite time frame, duly reserving the original jurisdiction to the objector for pursuing its legal remedies, even after the registered office is shifted, upon execution of which the Central Government shall pass an order confirming or rejecting the alteration within sixty days of the filing of application.
(Earlier this consequences and conditions were not given).