Shifting Of Registered Office

rule shall be substituted, namely

1. BR for shifting of registered office;

2. SR  for approving the shifting of registered office;

i. declaration by KMP or any two directors authorized by the Board, that the company has not defaulted in payment of dues to its workmen, & has either the consent of its creditors for the proposed shifting or has made necessary provision for the payment thereof;

ii. a declaration not to seek change in the jurisdiction of the Court where cases for prosecution are pending;

iii. 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”.

3. No public advertisement in newspaper

4. Individual notice not to be served to debenture holder or creditors.

rule shall be substituted, namely

1. Copy of Altered MOA

2. Minutes of GM recording votes.

3. Copy of Power of Attorney/Board resolution or executed vakalatnama.

4. List of Creditors & Debenture holders: drawn up to the latest practicable (not older than one month preceding the date of filing application), along with:

i. Complete details; name, address etc.

ii. Nature A& amount of debt/claims/liabilities.

iii. Declaration stating that full inquiry has been made into the affairs of the company either by Company Secretary or by two directors(one to be MD)

iv. Application also to be filed with Chief secretary of the concerned State Government or the Union territory by Company and also stating that employees interest is not adversely affected consequent to proposed shifting

v. Copy of acknowledgement of service of copy of application to aforesaid person in point no iv with Registrar.

5. Compliance to be carried at least 30 days before filing of Form INC-23:

i. Advertisement in newspaper (Form INC 26).

ii. Copy of advertisement to be served to CG, immediately after publication.

iii. Individual notice to be served to

> creditors,

> debenture holders,

> the Securities and Exchange Board of India, in the case of listed companies and

> to the regulatory body, if the company is regulated under any special Act or

> Law for the time being in force.

6. Objections

7. The shifting of registered office shall not be allowed if any inquiry, inspection or investigation has been initiated against the company or any prosecution is pending against the company under the Act.

8. On completion of such inquiry, inspection or investigation as a consequence of which no prosecution is envisaged or no prosecution is pending, shifting of registered office shall be allowed”