Temporarily shifting of registered office for its renovation

Others 2386 views 11 replies

A NBFC having about 100 branches is about to shift its registered office next street, within the same city for a temporary period for renovating the same. The period of operation in the new building may be less than a year.

Under these circumstances, is it necessary that the revised address should be incorporated in the letter heads at all branches? Instead, certainly one of the officials of the company will be available at the existing place to supervise renovation and he will be receiving all tapals, etc. Under these circumstances, would it be enough if no board resolution is passed for the change to a new place and hence no e form 18 need be filed. The statutory records may be arranged to be kept at the existing place itself.

Will it be OK?

Replies (11)

Hi Kannan,

As per my opinion,

In your case you need not go for a resolution and Form 32 as the statutory records would be intact in the original place moreover its only the operations that are to be carried out from some other case, until and unless interest of any stakeholder gets affected.

Moreover the person in the registered premises should be a responsible official.

regards

Amit Mishra

B.Samrish & Co.

New Delhi

Dear Amit, it should be form 18 instead of form 32.

 

Dear Kannan, No need to pass board resolution and file form 18.

You are not changing your registered office. It is just for renovation process. Therefore, no need to pass any resolution.

Thank you Madam and gentlemen for the replies. Would it  be different if the statutory records like register of members have to be kept at the new premises, in the next street of the registered office.

As per section 163, it says-

If the statutory records like register of members have to be kept at any other place within city, town or village where RO is situated then SR is required to be passed in GM and Form 23 to be filed with ROC within 30 days of passing SR.

Therefore, statutory records like register of members can be kept at the new premises, in the next street of the registered office.

Form 18 not to be filed for shifting of RO.

 

Other views are welcome.

i dont believe the concept of doing pen , paper compliance for all thse small activities. Even if there is change of place of keeping registers etc for short period, this need not be recorded in the minutes. Everything should be judged from mens rea as well as from practical point of view,..........but yes, Roc official may point it out and then u have to pau something to shut their mouth........that i agree

Dear Skdash,

According to me your way is not the right way. It should not be followed.

 

Regards,

Neha

Neha- Partially agree with you.

 

it is not the right way- Agree

Should not be followed- Disagree

If you want to deal the situation practically... Just keep books other place for such tenure... and after that keep them again in the registered office only.

 

The proviso of Section 163 provides for the permanent keepking of statutory books at a place other than the Registered Office of the company.

 

So in my opininon there is no need to pass any resoluiton for the same situation.

Ankur

 

Are u joking with me?

Mr. S K Dash,

 

Joke with you ?? why... I am not getting you....


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