TaxTMI 
TaxTMI 
Companies (Incorporation) Second Amendment Rules, 2017
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....ion of another Registrar of Companies, shall be filed by the company with the Regional Director in Form No.INC.23 along with the fee and following documents,- (a) Board Resolution for shifting of registered office; (b) Special Resolution of the members of the company approving the shifting of registered office; (c) a declaration given by the Key Managerial Personnel or any two directors authorised by the Board, that the company has not defaulted in payment of dues to its workmen and has either the consent of its creditors for the proposed shifting or has made necessary provision for the payment thereof; (d) a declaration not to seek change in the jurisdiction of the Court where cases for prosecution are pending; (e) 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. In the principal rules, for rule 30, the following rule shall be substituted, namely:- "30. Shifting of Registered Office from one State or Union Territory to another....
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....e same may, at any time during the ordinary hours of business, inspect and take extracts from the same on payment of a sum not exceeding ten rupees per page to the company. (4) There shall also be attached to the application a copy of the acknowledgment of service of a copy of the application with complete annexures to the Registrar and Chief Secretary of the State Government or Union territory where the registered office is situated at the time of filing the application. (5) The company shall, not more than thirty days before the date of filing the application in Form No. INC.23 - (a) advertise in the Form No.INC.26 in the vernacular newspaper in the principal vernacular language in the district and in English language in an English newspaper with the widest circulation in the tate in which the registered office of the company is situated: Provided that a copy of advertisement shall be served on the Central Government immediately on its publication. (b) serve, by registered post with acknowledgement due, individual notice, to the effect set out in clause (a) on each debenture-holder and cr....
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.... the company under the Act. (10) 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". 4. In the principal rules, for Form No.INC-23, the following form shall be substituted, namely:- 5. In the principal rules, for Form No.lNC-26, the following form shall be substituted, namely:- "Form No. INC-26 [Pursuant to rule 30 the Companies (Incorporation) Rules, 2014] Advertisement to be published in the newspaper for change of registered office of the company from one state to another Before the Central Government ___________ Region In the matter of sub-section (4) of Section 13 of Companies Act, 2013 and clause [a) of sub-rule (5] of rule 30 of the Companies (Incorporation) Rules, 2014 AND In the matter of________ Limited having its registered office at ________ Petitioner Notice is hereby given to the General Public that the company proposes to make application to the Central Government under section 13 of the Companies Act, 2013 seeking confirmation of alteration of the Memorandum of As....
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....ecial resolution 6. (a) Details of members present at the meeting where the decision of shifting was taken and number of shares held by them (i) Number of members (ii) Number of shares held by them (b) Details of the members who voted in favour of the proposal and number of shares held by them (i) *Number of members (ii) Number of shares held by them (c) Details of the members who voted against the proposal and number of shares held by them (i) *Number of members (ii) Number of shares held by them (d) Details of members who abstained from voting and number of shares held by them (i) Number of members (ii) Number of shares held by them 7. (a) Total Number of creditors *(b) Total Number of depositors *(c) Total Number of debenture holders (d) Brief details of the objections, if received any in response to the advertisement 8. 9. *Whether any prosecution is pending against the company under the Act o Yes o No If yes, Give brief details of the prosecution *Whether any of the following is initiated against the company under the Act o inquiry o inspection o investigation If yes, Give brief details of the inquiry, ....