We are in process of Adress change of one of our Client from Utter Pradesh to Bangalore,We already uploaded form 18 but the status is Waiting For User Clarification (F-21 IS PENDING) . According to form 21 court or company law board should pass one order .
I want to know about the procedure & checklist of this order .
17 February 2009
I know it is late but than too ur answer is as below:
Sr. No.
Particulars Ref.
1.
Board Meeting to consider the proposal to change the place of the registered office from one State to Another and recommend the same to Members. Sec. 17 and Sec. 146
2. EGM to pass Special Resolution to consider change of place of Registered Office.
Check Articles for period of Notice
3. Filing of E-Form 23 Sec.192
4. Preparation of list of Creditors and Debenture holders and serving of individual notices (by Certificate of Posting) to Creditors and Debenture holders of the Company.
(Get Certificate from Postal Department to that effect) Reg. 36(1)(ii)
5.
Publication of general notice in one newspaper published in English and other newspaper published in the principal language of the district in which Registered Office of the Company is situated – with respect to filing of Petition for seeking confirmation of the CLB for change of place of Registered Office. Reg. 36(1)(i)
6. Filing of E-Form 61 with RoC alongwith following Documents:
1. Scanned copy of Affidavit verifying Petition.
2. Copy of Petition under Section 17 Reg. 14 (3)
7. Serving of Notice to Chief Secretary alongwith Documents submitted with RoC {Affidavit (verifying the Petition), Petition and Enclosures to the Petition (A-1 to A-11) as above, as well as RoC Receipt in respect of filing of E-Form -61 and E-form-61 (A-12) Reg.36(2) 8. Certified Copies of the following enclosures to Petition are to be physically filed with RoC: 1. Memorandum and Articles of Association (A-1) 2. Latest Annual Report (if change from latest annual report in Authorised, issued, subscribed, paid-up capital, facts to be stated in petition and certificate signed by director to be annexed to petition ) (A-2) 3. Notice calling EGM (A-3) 4. Special Resolution alongwith Explanatory Statement, if applicable (A-4) 5. EGM Minutes (A-5) 6. List of Creditors and Debentureholders (A-6) (Note:- list should not precede the date of filing of petition with CLB by more than 2 months) 7. Affidavit verifying the list of Creditors and debentureholders (A-7) 8. Proof of sending of Notices to Creditors /Debentureholders ( Certificate from Postal Department ) and/or NoC from Creditors/Debentureholders (A-8) 9. Affidavit proving publication, dispatch and service of notice (A-9) 10. Notice published in English Language 11. Notice published in Regional Language 12. Copy of Acknowledgement obtained from the Office of Chief Secretary/Administrator
9.
Handing over the Petition to PCS
10. Filing of Petition with CLB*
Sec.17
10.. Hearing of Petition *
11.
Receipt of Order from CLB
12. Board Meeting :
a. to note receipt of Registration Certificate {Sec.18(3) and Sec.19(3)} b. to decide the exact place of Registered Office (Sec.146(2) and Special Resolution)
Sec. 146(2) and Sec. 209
13.
Filing of E-Form 21(alongwith CLB order) and E-Form 18. (Form 18 to be filed with 30 days).
Sec.18 and Sec.19
14. Obtaining of Certificate of Registration
Sec.18 and Sec.19
* A Company can make application to CLB for considering and allowing abridgement of time of one month as stipulated under Regulation 36 of the CLB Regulations for filing Petition under Section 17(2) of the Act and for urgent hearing of the Petition. However, 21 days time will have to be given to all concerned (RoC/Chief Secretary/Creditors/any other through whom intimation given through Public Notice), accordingly around 20 days can be saved and entire shifting process can be completed in around 45 days .
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