Registrar of Companies within 30 days of making the change

Shifting of Rcgistcl'cd Office from thc JUI'isdiction of onc Rustler of Companies to the Jurisdiction of anthill' Registrar of Coml.):micas in the same State. In two States, i.e., Maharashtra and Tamil Nadu-there arc more than one Registrar of Companies (RoC). Where the registered office of the company is to be shifted from one city to another in the same tate but within the jurisdiction of another RoC. In such case; confirmation from the Regional
Director is required. The Regional Director, on an application for shifting of registered office, after giving an opportunity being heard to the company, shall complicate confirmation or otherwise within four weeks. Before making an application to the Regional Director, the company shall pass a special Resolution to that effect. After the confirmation. the company shall file the certified copy of the confirmation within two months with the RoC who shall
make the necessary changes in the register and talker the records to the Registrar in whose jurisdiction the registered office is being shifted. A copy of the altered Memorandum is also to be filed with the new Registrar of Companies (perhaps there is a drafting mistake in this section. Memorandum of Association only mentions the name of the State and when the registered office is shifted within the State, it requires no alteration of Memorandum). The
Registrar will issue fresh registration certificate within one month of filing the certified copy of the confirmation order. In the meanwhile, the company shifts the registered office to its new location. A notice of the new address shall be given to the new Registrar within 30 days of shifting the office.
3. Shifting of Registered Office within the Same State. Where the' registered office of the company is to be shifted from one city. town or villageto another city, town or village in the same State (and within the jurisdiction of the same RoC), the company shall pass a special resolution at the general meeting of members authorizing the change and file a copy of such resolution with the Registrar of Companies within 30 days from the date of passing of
the resolution. A notice of change of registered office should be given to the Registrar within 30 days of the shifting of the registered office.
4. Shifting of Registered Office from one State to Another. Where the registered office is proposed to be shifted to some other State, only then the Memorandum of Association is to be altered. The change is permissible only on any of the reasons enumerated for altering the object clause of the Memorandum. (See next question for alteration of object clause). In addition, the company has to follow the following procedure-
(0) It must pass a special resolution authorizing the change in the registered office. A copy of such resolution should be filed with the Registrar within 30 days of passing of the resolution.
(b) The alteration nulls be confirmed by the Company Law Board. Before confirming the alteration, the Company Law Board should satisfy itself sufficient
notice has been given to (a) all creditors; (b) other persons whose interests are likely to be affected by the proposed change e.g. banks, financial institutions, employees, etc. and every such creditor who objects to it has either been paid in full or his debt has been fully secured; (c) Registrar of Companies so that he may state his objections and suggestions to the Company

Law Board. The Company Law Board then issues a confirmation order on such terms and conditions as it thinks fit.
(c) The certified copy of the confirmation order together with the altered copy ofMemorandl Un of Association must be filed with the Resisting of both the States within three months of the order. Both the Registrars must register the same and certif.(y the registration within one month from the date of filing of such documents. Further, the Registrar oath present State shall send the records of the company to the Registrar of the proposed State.
(d) Certificates of registration of the transfer are to be obtained from both the Registrars.
(e) The registered office is shifted to its new location in the proposed" State. The company must submit the notice of new address to the Registrar within 30 days oithe shifting of the office.