Dear Freiends
Pls anybody provide full procedure & resolution for change in registered office outside the city but same ROC
Thanks in advance
Gargi Ranade
(CS)
(619 Points)
Replied 12 November 2009
Hi Rahul !
A Company can change its registered office from one place to another within the local limits of the city ,town or village ,where it is situated, by a Board resolution provided a notice of the change is given to the registrar in form 18 within 30days of such change .
If the registered office is to be shifted from one city, town or village to another city, town or village within the same state ,a aspecial resolution has to be passed in the general meeting of the Company and same should be filed with ROC through form no. 23 within 30days of paasing such resolution also within 30 days of change a notice to be regitrar must be given in form 18 .
these two changes does not amount in alteration of Memorandum and hence permission of CLB is not required in these cases
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 12 November 2009
Shifting of the registered office to a place outside the local limits of the existing place, but within the same State under the jurisdiction of the same Registrar
In case if the Board of directors of a company proposes to shift the registered office to a place outside the "local limits" of the existing place within the same State, it shall require the prior approval of the members by passing special resolution in a general meeting of the company. Detailed steps to be taken are being described hereunder:—
(i) seek approval of the Board of directors, preferably at a Board meeting. At the same meeting the Board may consider and fix the date, venue and time for holding a general meeting to obtain the approval of the members by special resolution and the Board will also approve the notice of general meeting and explanatory statement to be sent to the members;
(ii) hold a general meeting and get the approval of the members by way of special resolution.
(iii) file certified copy of the special resolution along with the explanatory statement with the Registrar of Companies electronically in the e-Form 23 u/s 192 along with the filing fees as per requirement of Schedule X to the Act within 30 days from the date of the meeting;
(iv) file e-Form 18 within 30 days of the date of changing the registered office, electronically with the Registrar along with the fees as per the requirement of Schedule X to the Act;
(v) send three copies of the notice sent to members for a general meeting to the stock exchanges where the shares of the company are listed;
(v) give intimation of change in the situation of registered office to all the concerned and make necessary corrections in the name board, stationery and records of the company wherever it is required.
Revert if there is any doubt.
RAHUL
(Company secretary )
(226 Points)
Replied 12 November 2009
Respected Sir
Pls provide format of resolution and mintues of EGM for this purpose
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 12 November 2009
Sample special resolution for shifting of Registered Office from one place to another place within the same state
“RESOLVED THAT pursuant to the provisions of section 146 of the Companies Act, 1956 and any other provisions applicable, if any, the registered office of the Company be and is hereby shifted from Noida (U.P.) to Ghaziabad (U.P.)”
FURTHER RESOLVED THAT for the purpose of giving effect to this resolution, the Board of Directors of the Company be and is hereby authorised to do all such acts, deeds, matters and things as it may in its absolute discretion deem necessary or desirable for and on behalf of the Company. “
Put the same resolution in the minutes of EGM. Let me tell you minutes of EGM not required to be attached with form-18
Regards
RAHUL
(Company secretary )
(226 Points)
Replied 12 November 2009
Respected Sir
In this regard form 23 will filed. what attachment require for form 23
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 12 November 2009
Simply attach certified copy of special resolution with form-23. You may also attach certified copy of notice of general meeting along with explanatory statement as an optional attachment.
Regards
RAHUL
(Company secretary )
(226 Points)
Replied 12 November 2009
Respected Sir
Any time gap requie for filing form 23 & 18
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 12 November 2009
NO.
You have to file both the forms within 30 days of passing special resolution in the General Meeting.
Regards
RAHUL
(Company secretary )
(226 Points)
Replied 12 November 2009
| Originally posted by :Ankur Garg | ||
| " | NO. You have to file both the forms within 30 days of passing special resolution in the General Meeting. Regards |
" |
Thanks Sir
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 12 November 2009
You are welcome...
RAHUL
(Company secretary )
(226 Points)
Replied 13 November 2009
Dear friends
Any boby provide me full procedure to change in R O Delhi to gurgaon ( same ROC but state change )
RAHUL
(Company secretary )
(226 Points)
Replied 13 November 2009
Dear friends
Any boby provide me full procedure to change in R O Delhi to gurgaon ( same ROC but state change )
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 13 November 2009
Find attach desired file
Anand
(Practicing CA)
(190 Points)
Replied 05 January 2011
| Originally posted by : Ankur Garg | ||
 |
NO. You have to file both the forms within 30 days of passing special resolution in the General Meeting. Regards |
 |
Do we have to file Form 23 if the change of RO is within the local limits of teh city in which it was earlier situated ?
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