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Shifting process

Megha Choudhary (Management Trainee) (541 Points)

11 May 2016

Dear members,

i need complete guidance on shifting of registered office from one state to another of a listed company.

anyone having practical experience on the same pls help.

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5 Replies

Jatin Bajaj (CS) (2930 Points)
Replied 11 May 2016

According to Section 13, Company by passing Special Resolution a;ter the provison of MOA , so as to change the registered office from one place to another subject to approval of Central Government.

Procedure:

Hold the Board Meeting to decide the proposal to shift registered office from one state to another state.

Hold the general meeting and pass special Resolution

File with ROC, Form MGT 14 along with certified true copy of special resolution passed at the general meeting within 30 days of passing resolution

Application for seeking approval for shifting Registered office from one state to another shall be filed with Central Government in Form INC 23 together with following docs:

Copy of MOA & AOA

affidavit verifying application

list of creditors and debentureholders

affidavit veryfying list of creditor

copy of special Resolution sanctioning the alteration by members of Company

Copy of Board resolution or executed vakalatnama sa the case may be

Company atleast 14 days before the hearing advertise application in Form INC 26 .

The certified copy of order of Central Government approving the Alteration of Registered office in form INC 28

The Change of Registered office shall be effective from date of issue of registeration certificate by ROC of the state where registered office is shifted.

File Form INC 22, containing verification of registered office along with the fee and copy of special Resolution.

Following documents shall be attached with Form INC 22

Proof of Registered office Address like Lease Deed

Copies of utility bill not older than 2 months

copy of order of competent authority

List of all Companies specifying CIN having the same registered office if any