To shift the statutory register from register to other place

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Querist : Anonymous

Querist : Anonymous (Querist)

03 May 2012 Please tell me the compliances required to follow if I have to change the place of statutory registers and other company's documents from Registered office to corporate office.

As I m moving to my corporate office, these documents are also required to shift there from the registered office.

My Registered and Corporate office both are in Delhi only.

Pls reply asap.

Thanks
Shreya

Ajay Mishra

Ajay Mishra (Expert)
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03 May 2012 Hi

Please read section 163 of the Companies Act, 1956 of the Companies Act, 1956.

163. Place of keeping and inspection of, registers and returns.—

(1) The register of members commencing from the date of the registration of the company, the index of members, the register and index of debenture-holders, and copies of all annual returns prepared under sections 159 and 160, together with the copies of certificates and documents required to be annexed thereto under sections 160 and 161, shall be kept at the registered office of the company:

1[Provided that such registers, indexes, returns and copies of certificates and documents or any or more of them may, instead of being kept at the registered office of the company, be kept of any other place within the city, town or village in which the registered office is situate, if—

(i) such other place has been approved for this purpose by a special resolution passed by the company in general meeting, 2[and]

3[***]the Registrar has been given in advance a copy of the proposed special resolution.]

4[(1A) Notwithstanding anything contained in sub-section (1), the Central Government may make rules for the preservation and for the disposal, whether by destruction or otherwise, of the registers, indexes, returns, and copies of certificates and other documents referred to in sub-section (1).]

(2) The registers, indexes, returns, and copies of certificates and other documents referred to in sub-section (1) shall, except when the register of members or debenture-holders is closed under the provisions of this Act, be open during business hours (subject to such reasonable restrictions, as the company may impose, so that not less than two hours in each day are allowed for inspection) to the inspection—

(a) of any member or debenture-holder, without fee; and

(b) of any other person, on payment of 5[such sum as may be prescribed] for each inspection.

(3) Any such member, debenture-holder or other person may—

(a) make extracts from any register, index or copy referred to in sub-section (1) without fee or additional fee, as the case may be; or

(b) require a copy of any such register, index or copy or of any part thereof, on payment of 6[such sum as may be prescribed] for every one hundred words or fractional part thereof required to be copied.

(4) The company shall cause any copy required by any person under clause (b) of sub-section (3) to be sent to that person within a period of ten days, exclusive of non-working days, commencing on the day next after the day on which the requirement is received by the company.

(5) If any inspection, or the making of any extract required under this section, is refused, or if any copy required under this section is not sent within the period specified in sub-section (4), the company, and every officer of the company who is in default, shall be punishable, in respect of each offence, with fine which may extend to 7[five hundred rupees] for every day during which the refusal or default continues.

(6) The 8[Central Government] may also, by order, compel an immediate inspection of the document, or direct that the extract required shall forthwith be allowed to be taken by the person requiring it, or that the copy required shall forthwith be sent to the person requiring it, as the case may be.

Regards

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Querist : Anonymous

Querist : Anonymous (Querist)

28 May 2012 Is there any form which is also required to file in RoC regarding shifting the places of keeping the statutory registers and other documents from Registered office to corporate office.

Me and My CEO is also going to move to our corporate office but Board Meeting will be held on Registered office only.

Kindly advise, is it important to go through with all such procedures or keep all docs in registered office only and at the time of inspection I have to bring it from regd office to my corporate office

Thanks Shreya

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Querist : Anonymous

Querist : Anonymous (Querist)

Querist : Anonymous

Querist : Anonymous (Querist)

06 September 2012 Is there any form which is also required to file in RoC regarding shifting the places of keeping the statutory registers and other documents from Registered office to corporate office.

Me and My CEO is also going to move to our corporate office but Board Meeting will be held on Registered office only.

Kindly advise, is it important to go through with all such procedures or keep all docs in registered office only and at the time of inspection I have to bring it from regd office to my corporate office

Thanks

Ajay Mishra

Ajay Mishra (Expert)
Follow

06 September 2012 Hi

Form-23 and Form-23AA.

Querist : Anonymous

Querist : Anonymous (Querist)

07 September 2012 Thanks for the reply

It is requested to kindly reply, is it necessary to go for all such procedures. Can I keep with me statutory registers, annual return papers and other documents without filing any such kind of form.

What is the penalty ofnot keeping it in registered office. or I can bring anytijme when require to my registered office. What other formalities required in such case?
Can we come up to our registered office only for Board Meeting and can follow rest of the compliances or filing form to RoC through corporate office. Is may not be mandatory for CS to Sit in his Registered office only for Board meeting. What is your opinion? All are requested to feel free to give their views on my query

Thanks