Press Information Bureau

Government of India

Ministry of Corporate Affairs

27-July-2011 12:39 IST

Procedure for Obtaining Confirmation of Shifting of Registered Office From one State to Another State Under Section 17 of the Companies Act, 1956 Simplified

In order to simplify the procedures and cut timelines, the Ministry has decided to notify section 8 of the Companies (Second Amendment) Act, 2002 (1) of 2003 thereby the work relating to confirmation of shifting of registered office from one state to another state and consequent alteration to Memorandum of Association of the company under section 17 of the Companies Act, 1956 shall be shifted from the jurisdiction of Company Law Board to the Central Government.

It has further been decided to delegate this work to the respective Registrar of Companies under whose jurisdiction the registered office of the company is situated. The petitions filed with the Company Law Board and pending as on the effective date of notification shall be transferred to respective Registrar of Companies.

The revised e-forms and business re-engineering process under MCA-21 system is being developed and the simplified procedures to be followed by the companies and Registrar of Companies shall be given in the modified e-forms and instruction kit thereto shortly and is likely to be implemented with effect from 24th September, 2011.

It is expected that on discharging of these functions by the respective Registrar of Companies on implementation of simplified procedures, the cost and the time to get such confirmation and alteration to Memorandum of Association under section 17 of the Companies Act, 1956 shall be reduced.

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Shifting of Registered Office: jurisdiction moved to Central Government and delegated to Registrar of Companies, streamlining confirmation process. Confirmation of shifting of a company's registered office from one state to another is to be transferred from the Company Law Board to the Central Government and delegated to the Registrar of Companies where the registered office is located; pending petitions will be transferred to the respective Registrar, and revised e forms and MCA 21 process changes will set out simplified procedures for effecting the confirmation and consequent alteration of the Memorandum of Association.