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Friday, August 5, 2011

MCA simplifies procedure for obtaining confirmation of shifting of registered office from one state to another state u/s. 17 of the Companies Act, 195

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General Circular No. 50 /2011 , Dated 25thJuly, 2011

Sub: Simplified procedure for obtainingconfirmation of shifting of registered office from one state to another state under section 17 of the Companies Act, 1956.


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 ofregistered 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.

2. 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 LawBoard and pending as on the effective date of notification shall be transferred to respective Registrar ofCompanies.

3. 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.

4. 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.

5. The above simplified process is likely to be implemented with effect from 24th September, 2011.

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