Shifting of regd office within the state

The MCA has vide its notification dated 27th July, 2017 amended the Companies (Incorporation) Rules, 2014. Rule 28 which pertains to shifting of registered office within the same state i.e. from jurisdiction of one Registrar in the state to that of another Registrar within the same state.

Hitherto, the Rules required publication of a notice in the newspaper, serving individual notices to debenture holder, creditor, depositor etc. while making the application for change of regd office as such.

Now the rules are made much more simpler. All that is required is

(a) Board Resolution for shifting of registered office;
(b) Special Resolution of the members of the company approving the shifting of registered office;
(c) a declaration given by the Key Managerial Personnel or any two directors authorised by the Board, that the company has not defaulted in payment of dues to its workmen and has either the consent of its creditors for the proposed shifting or has made necessary provision for the payment thereof;
(d) a declaration not to seek change in the jurisdiction of the Court where cases for prosecution are pending;
(e) acknowledged copy of intimation to the Chief Secretary of the State as to the proposed shifting and that the employees interest is not adversely affected consequent to proposed shifting”.

An application has to be made in form INC-23 alongwith the aforesaid documents for shifting the registered office from one Registrar to another within the same state. The application goes to the Regional Director.

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