Page 52 - DTPA Journal Aug 18

DTPA - J | 2017-18 | Volume 3 | August 2018

3) Advertisement & Notices to inform any, from any of the stakeholders
general public and other stakeholders 6) Submission of Application in Form INC
of the Company 23 to the Central Government
4) Intimating the ROC and the other regarding the shifting along with the
relevant authorities regarding the relevant documents
intent to shift 7) Filing of the Order of the Central
5) Redress the Objections received, if Government with the ROC.

Image showing shifting of registered office from one state to another.

The detailed procedure of shifting the registered copy of explanatory statement under section
office from one state to another is as follows: 102
b) Altered Memorandum of Association with an
appropriate note that the said alteration is
I. STEPS PRIOR TO FILING OF FORM INC 23
subject to the approval of the Regional Director.
c) Minutes of EGM
1) To call and hold a Board Meeting for the
following: d) Shorter Notice consent if any.
a) to consider the proposal of shifting of the 4) Advertisement to be given in Form INC 26 in a
registered office newspaper, both in the principal vernacular
language of the district and in English language in
b) To decide the date, time and venue of the an English newspaper with the widest circulation in
General Meeting and
the state in which the registered office of the
c) To approve the Notice of Extra-ordinary company is situated. The purpose of the
General Meeting. advertisement is to, inter-alia, inform the general
2) To hold the Extra-ordinary General Meeting and public including the creditors and debenture
pass the Special Resolution approving the shifting holders and to invite any objection from such
of registered office from one state to another, creditors and debenture-holders or any other
subject to the approval of the Regional Director, person being affected by such shifting.
under whose jurisdiction the company falls. [NOTE:-A copy of the advertisement shall be
3) MGT-14 to be filed with the ROC in 30 days of served on the Central Government (i.e. Regional
passing the special resolution along with the Director) immediately on its publication.]
following document attached therein: 5) Individual Notices has also to be served
a) Copy(s) of Special Resolution(s) along with mandatorily to the creditors and debenture holders
by registered post with acknowledgement due

49 | Direct Taxes Professionals' Association - Journal www.dtpa.org