CA Suraj Prasad Shaw (Chartered Accountant) (504 Points)
12 November 2013A private limited company has changed its address within the same city.
What is next step after filing of Form 18 with MCA?
How the address could be updated in certificate of incorporation and MOA & AOA?
Expert please guide.
CS BHAVIN SHETH
(MANAGER-Company Secretary)
(131 Points)
Replied 12 November 2013
Dear Suraj,
Change of place of registered office within a State - (within the jurisdiction of the same ROC, but in different city / town):
1). Pass a Board Resolution for:
(i) approving the change, required amendment to MOA & special resolution to be passed at a general meeting.
(ii) fixing date and authorizing issue of notice, for general meeting.
2). Convene general meeting by issuing notice and passed the special resolution.
3). File the Resolution with the ROC and Forms 23 & 62 (on payment of filing fees under Schedule X) along with a printed copy of the amended MOA and obtain certificate of the registration from ROC.
4). Give notice of change of registered office to ROC in Form 18 (on payment of filing fees under schedule X) (New Form introduced by MCA effective from May 1, 2011).
5). Ensure that every copy of the MOA issued thereafter reflects the alteration.
Ensure that address of the new registered office is;
(i) painted or affixed, in legible letters in a conspicuous position, on the outside of every office or place of business, including in the local language. [S.147(1)(a)]
(ii). mentioned in legible characters in all biz letters, bills, letter papers, notices etc.[S.147(1)(c)]
DIN to be provided in Form Numbers 18, 21 & 23 (Notification published in the Gazette of India, Extraordinary, Part II, Section 1 vide Notification No. G.S.R 500(E) dated July 24, 2007).
regards
BHAVIN SHETH
CA Suraj Prasad Shaw
(Chartered Accountant)
(504 Points)
Replied 12 November 2013
| Originally posted by : CS BHAVIN SHETH | ||
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Dear Suraj, Change of place of registered office within a State - (within the jurisdiction of the same ROC, but in different city / town): 1). Pass a Board Resolution for: (i) approving the change, required amendment to MOA & special resolution to be passed at a general meeting. (ii) fixing date and authorizing issue of notice, for general meeting. 2). Convene general meeting by issuing notice and passed the special resolution. 3). File the Resolution with the ROC and Forms 23 & 62 (on payment of filing fees under Schedule X) along with a printed copy of the amended MOA and obtain certificate of the registration from ROC. 4). Give notice of change of registered office to ROC in Form 18 (on payment of filing fees under schedule X) (New Form introduced by MCA effective from May 1, 2011). 5). Ensure that every copy of the MOA issued thereafter reflects the alteration. Ensure that address of the new registered office is; (i) painted or affixed, in legible letters in a conspicuous position, on the outside of every office or place of business, including in the local language. [S.147(1)(a)] (ii). mentioned in legible characters in all biz letters, bills, letter papers, notices etc.[S.147(1)(c)] DIN to be provided in Form Numbers 18, 21 & 23 (Notification published in the Gazette of India, Extraordinary, Part II, Section 1 vide Notification No. G.S.R 500(E) dated July 24, 2007). regards BHAVIN SHETH |
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Hi Bhavin,
Thanks for your reply,
Kindly also let me know that I had already filed form 18, and Form 23 & 62 are not yet filed, whether i could file these forms now.
Whether it will attracts any additional fees also for filing them to MCA.
Kindly suggest.
CS MOHIT SALUJA
(PRACTICING CS Jalandhar 9914558709)
(5155 Points)
Replied 08 December 2013
Dear Suraj, there is no need to file form 23 or 62. as for transfer of office from one place to another, board resolution is sufficient, hence to file form 18 only will be the requirement.
Moreover, no new COI will be issued in this case. Hence, address remain the same as it was earlier on COI. New COI is issued with new address only in case the office is shifted from one state to another
CAclubindia
