29 June 2012
Do we need to file e-form 61 for Shifting the Registered Office of the Company from the Jurisdiction of one ROC to another within the same state?
29 June 2012
The company intends to change the place of its registered office from one place to another within the State and such change is likely to change the jurisdiction of the ROC in relation to the company, such change has to be confirmed by the Regional Director.
To give effect to the above you have to file an application in e-Form 1AD to the Regional Director. No need to file Form 61. Form 61 is a form for filing application with ROC.
29 June 2012
You need to file form 21 -Notice of the court or the company law board order.
Shifting of registered office from the jurisdiction of one Registrar of Companies to the jurisdiction of another Registrar in the same State
Shifting of registered office from the jurisdiction of one Registrar of Companies to the jurisdiction of another Registrar in the same State requires the prior approval of the company in general meeting by special resolution. As desired by Section 17A(1) of the Companies Act, 1956 the company must seek approval of the Regional Director of the Ministry of Company Affairs. Detailed steps to be taken are being described hereunder:—
(i) seek approval of the Board of directors at a Board meeting. At the same meeting the Board may fix the date, venue and time for holding a general meeting to obtain the approval of the members by special resolution and the Board will approve the notice of general meeting and explanatory statement to be sent to the members.
(ii) hold a general meeting and get the approval of the members by way of special resolution subject to confirmation by the Regional Director
(iii) file certified copy of the special resolution along with the explanatory statement with the Registrar of Companies in e-Form 23 along with filing fees.
(iv) As desired by Section 17A(2) file an application in e-Form 1AD for obtaining confirmation of the Regional Director for change in the situation of registered office of the company within a State from the jurisdiction of one Registrar to the jurisdiction of another Registrar.
As desired by Section 17A(3) the Regional Director shall communicate his confirmation within 4 weeks from the date of receipt of application for such change
(v) As desired by Section 17A(4) company shall file a certified copy of the confirmation order obtained from the Regional Director to the Registrars of Companies in e-Form 21 with the prescribed fee, within 2 months from the date of order communicated to the company.
(vi) file e-Form 18 electronically within 30 days of the date of changing the registered office with both the Registrars along with the fees as per requirement of Schedule X to the Act.
(vii) give intimation of change in the situation of registered office to all the concerned and make necessary corrections in the name board, stationery and records of the company wherever it is required.
(viii) the Registrar shall issue a certificate indicating new Corporate Identification No. (CIN) to that effect and thereafter the company shall require to file all the documents with the Registrar of Companies, in whose jurisdiction, the registered office of the company has been situated. Section 17A(5)
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