Query- shifting of Registered Office

[Nidhi Choudhary Khandelia]

Hello friends, 

I have a query wrt to shifting of Registered Office from one state to another. 

A company wants to shift it's registered office from one state to another. The MoA of the company is according to Companies Act, 1956.

Since shifting registered office entails an amendmemt to MoA, is there a risk that the ROC/RD may reject or raise an objection to the application because of MoA not being as per Companies Act, 2013.

Request learned members to please throw some light on this matter. 

Thanks and regards

CS Nidhi

[Tanvi Aggarwal]

Hi,

When you call the general meeting for amendment in Clause II of MOA. At the same time insert a line for alignment of MOA and AOA as per CA 2013. 

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[Abnish Kumar & Associates]

Hi Nidhi,

There is no need to amend and align MOA as per Companies Act, 2013. Only make amendments in clause II. That is sufficient. I have done many shifting in recent days and no such query was raised by RD. 

To view this discussion on the web visit https://groups.google.com/d/msgid/csmysore/CAG2JbmZNhECCWBv2ynJL9LiFOkG-Uc5_jQGYFzYVK8pMco2TjQ%40mail.gmail.com.

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Thanks and Regards

Abnish Kumar |ACS, LLB, B.Com(H)

Abnish Kumar & Associates

Practicing Company Secretaries

D-122, First Floor,  

Sector-7, Noida-201301

Phone No: +91 120 4315197

Mob: +91 8368885360, +91 8750604727

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[Puneet Abrol]

No need to align MoA with CA, 2013. Amendment in Clause II is sufficient.

To view this discussion on the web visit https://groups.google.com/d/msgid/csmysore/CAC_vMJqGC-Unt3et%3DPKNxg4xXioe_61%3D%2Btq0fE5XR5E6Gv5QSQ%40mail.gmail.com.

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Regards,
Puneet Abrol

[Prashant Awasthi]

Hi Nidhi

When you call a General Meeting for shifting a registered office, you can pass a resolution for adoption of MOA & AOA as per Companies Act, 2013 and then you can put a resolution regarding shifting of registered office.

File a Form MGT -14 along with an altered copy of MOA & AOA.

Thanks.

Thanks & Regards

CS Prashant Awasthi

+91 7275452257