Error in Form 18 - Query

Pvt ltd 1241 views 2 replies

Avinash

Student

91 Points Joined February 2010

Hello! A Pvt Ltd Company is changing its Regd. Office to a different city within the state and under the same ROC limits. It has filed Form 23 and Form 18 on 01/10/2010, Form 23 has been approved. But the date of change has been mentioned as 01/10/2010 in Form 18, which was a mistake as the date should have been 01/11/2010. Now the ROC has asked the Company to file Form 67 and SCN has been issued for non compliance of Section 146(2).

What should the company mention in the Form 67, details of rectification of defects field? What attachments are required to be filed with Form 67? Will the SCN be sent by post to the New Regd. Office address (its not yet operational) or the Old Address (operational till 01/11/2010)?

Replies (2)

Ajay Mishra

Company Secretary

74342 Points Joined March 2009

Dear Avinash

Section 146(2) deal with filing of Form 18 with ROC within 30 days from the date of change and if such change is outside the local limit of any city, town or village then in that case file Form 23 regarding passing of special resolution for such changes.

Section 17A of the Companies Act, 1956 says that no company shall change the place of registered office from one place to another within a State unless such change is confirmed by Regional Director. The application shall be made to RD in Form 1AD.

I will suggest you to file Form 67 with correct resolution with correct date passed in Board Meeting and General Meeting as an attachment. If you file the correct resolutions, then I think they will not issued SCN.

All correspondence will be made by ROC at your old address, till the date of approval of new address by ROC.

Regards