09 November 2010
If the company changes its register office form one state to another state( maharastra to AP),( all procedure has been completed (i.e resolution,CLB order,etc))
now the company should surrender the certificate of incorporation issued by maharastra ROC, to andhrapradesh ROC for fresh certificate of incorporation ?
In my opinion you need not surrender the Certificate of Incorporation for obtaining the fresh Certificate of Incorporation from ROC Andhra Pradesh. You have to submit a Certified copy of the Company Law Board Order along with the altered Memorandum of Association of the Company with both the R.O.C. i.e. with R.O.C. Maharashtra as well as R.O.C.Andhra Pradesh within 3 months from the date of the CLB Order.
The registrar of both the states shall register and certify the registrartion of the same. Within one month from the receipt of the Certified True Copy of the CLB Order, the Registrar of Andhra Pradesh will issue a fresh Certificate of Registration. There is no need to surrender the previous Certificate of Incorporation in my opinion.
CAclubindia
