effective date of change of Regd. Office
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ASH
Oct 6, 2009, 8:31:53 AM10/6/09
to CSMysore
Dear All,
Please help me in getting answer to my queries based on the following
details:
Date of Notice of
AGM :
14th August, 09
Date of CLB Order for shifting registered office from mumbai to
chennai. : 14th Sept. 09
Date of AGM conducted in
Mumbai : 15th
Sept 09
Date of filing form 18 and
21 :
15th Sept 09
Date of receiving new CIN from
ROC : 22nd Sept 09
Company is yet to receive certificate for shifting regd. office mailed
to new regd. office by ROC.
In e form 18 filed, in clause 4 it is mentioned as follows:
"4. Notice is hereby given that
(a) The address of the registered office of the company with effect
from 14 sept 09 is ......(chennai address)"
After going through Sec 19 of CA, 1956 and above details i have
following queries:
1. What is the effective date of shifting of registered office?
2. Is the registered office shifted on 14 sept 09, though form 18 and
21 filed on 15 sept 09 and ROC granted new CIN and certificate of
registration on a later date?
3. Is conducting of AGM at Mumbai on 15 sept 09 valid(since AGM to be
conducted in city, town, etc of regd. office)?
4. Should AGM have been conducted at Chennai?
Thanks in advance.
Ashwin Kumar
Company Secretary
Please help me in getting answer to my queries based on the following
details:
Date of Notice of
AGM :
14th August, 09
Date of CLB Order for shifting registered office from mumbai to
chennai. : 14th Sept. 09
Date of AGM conducted in
Mumbai : 15th
Sept 09
Date of filing form 18 and
21 :
15th Sept 09
Date of receiving new CIN from
ROC : 22nd Sept 09
Company is yet to receive certificate for shifting regd. office mailed
to new regd. office by ROC.
In e form 18 filed, in clause 4 it is mentioned as follows:
"4. Notice is hereby given that
(a) The address of the registered office of the company with effect
from 14 sept 09 is ......(chennai address)"
After going through Sec 19 of CA, 1956 and above details i have
following queries:
1. What is the effective date of shifting of registered office?
2. Is the registered office shifted on 14 sept 09, though form 18 and
21 filed on 15 sept 09 and ROC granted new CIN and certificate of
registration on a later date?
3. Is conducting of AGM at Mumbai on 15 sept 09 valid(since AGM to be
conducted in city, town, etc of regd. office)?
4. Should AGM have been conducted at Chennai?
Thanks in advance.
Ashwin Kumar
Company Secretary
RAJESH
Oct 7, 2009, 1:27:33 AM10/7/09
to csmy...@googlegroups.com
Dear Ashwin,
If no effective date is mentioned in the Resolution Passed at the General Meeting which was conducted to shift the Regd. Office, then it is the date of the General Meeting which is the effective date, in which the resolution was passed.
In your case you have given the date of Board Meeting as 14th Aug 09. When was the EGM conducted. What ever might be the case, since you have mentioned in the Resoution that the effective date is 14th Sept 09, the Effective Date is 14th Sept. You should have conducted the AGM in Chennai and not in Mumbai. Where you able to get the CLB Order so fast? However you can take the benefit of Sec.19(1), which says that no such alteration shall have effect until it has been duly registered in accordance with the provisions of Sec.18 (though it is not the correct interpretation and only a colourable interpretation)
Rgds,
Rajesh
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ASH
Oct 7, 2009, 4:48:47 AM10/7/09
to CSMysore
For purpose of clarification, the order was obtained only after 4-5
months(approx) after obatining approval at EGM.
regards,
CS Ashwin Kumar
months(approx) after obatining approval at EGM.
regards,
CS Ashwin Kumar
RAJESH
Oct 7, 2009, 6:35:04 AM10/7/09
to csmy...@googlegroups.com
Dear Ash,
Since you have given the effective date as 14th Sept, that date will be taken as effective date.
Rgds,
Rajesh |
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