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Keeping of Stat. Registers etc. at a place otherthan Regd. o

C.S. Rajesh Pillai (Company Secretary and Compliance Officer) (181 Points)

09 July 2009

Hi,

We have to do the necessary filings with RoC for keeping Registers etc. at a place otherthan Regd. office.

Sec. 163 of the Cos, Act, 1956, among other things, provides for filing the proposed resolution with RoC in advance.

Can anybody suggest the e-form for the same.

Pls. forward me a Check-list in compliance of sec. 163

best regards,

Rajesh

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6 Replies

Ajay Mishra (Company Secretary) (74337 Points)
Replied 09 July 2009

Dear Rajesh

Section 163 of the Companies Act, 1956 deal with the place of keeping registers and returns and inspection thereof . Proviso of section 163(1) give permission to keep registers and returns at a place other than registered office but with in the city, town and village in which the registered office is situated.

Such other place has been approved by the special resolution passed by the company in general meeting. A copy of proposed special resolution for keeping registers and returns with explanatory statement will be filled with ROC in Form-23 with in 30 days of passing such resolution.

Best Regard

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C.S. Rajesh Pillai (Company Secretary and Compliance Officer) (181 Points)
Replied 09 July 2009

Originally posted by :Ajay Mishra
"	Dear Rajesh Section 163 of the Companies Act, 1956 deal with the place of keeping registers and returns and inspection thereof . Proviso of section 163(1) give permission to keep registers and returns at a place other than registered office but with in the city, town and village in which the registered office is situated. Such other place has been approved by the special resolution passed by the company in general meeting. A copy of proposed special resolution for keeping registers and returns with explanatory statement will be filled with ROC in Form-23 with in 30 days of passing such resolution. Best Regard	"

C.S. Rajesh Pillai (Company Secretary and Compliance Officer) (181 Points)
Replied 09 July 2009

Dear Ajay Mishraji,

Thank U for your quick reply.

As you said, we have to file Form No. 23. However, I think the same is to be filed after passing the resolution in the general meeting.

But the said section interalia provides for intimating the RoC about the proposed resolution. Whether the same is meant for filing the proposed resolution in Form No. 62 / 61 prior to General Meeting?

best regards

Rajesh

Ajay Mishra (Company Secretary) (74337 Points)
Replied 09 July 2009

Dear Rajesh

There is no specific Form in the Companies Act, 1956 for filing such proposed special resolution with ROC but you can file such resolution in Form-62 in other category.

C.S. Rajesh Pillai (Company Secretary and Compliance Officer) (181 Points)
Replied 09 July 2009

Dear Ajay Mishraji,

Thanks U very much for your timely advice

best regards,

Rajesh Pillai

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Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 09 July 2009

In case of any doubt regarding advance intimation to ROC you may directly contact MCA helpline number. Visit MCA site for nearest MCA helpline number.

Best Regards