Amendment in the provisions for shifting of the registered office

Companies (Incorporations) Second Amendment Rules 2017

The Ministry of Corporate Affairs (MCA) has issued Notification No. G.S.R(E) dated27.07.2017 and made an amendment to the Companies (incorporation) Second Amendment Rules 2017.

These rules may be called the Companies (incorporation) Second Amendment Rules,2017.

MCA Updates pertaining to major amendments with respect to shifting of registered office of a Company:*

MCA, on 27th July, 2017, has issued a notification amending Companies (Incorporation) Rules, 2014 with respect to:

Rule 28 – Shifting of registered office within same state but from one ROC to another

Rule 30 – Shifting of registered office from one state/UT to another

Major Changes in Rule 28:

  1. There is no need to publish advertisement in news paper
  2. There is no need to issue individual notices to debenture holders, creditors, and depositor.
  3. Revised rule has mentioned specified documents to be attached with Form INC-23.

Major Changes in Rule 30:

  1. No hearing with Regional Director will be held, if no objection is received.
  2. Notice to creditors and advertisements in a newspaper shall be made not more than 30 days before the date of filing Form INC-23. Earlier, it used to be “not more than 14 days before the date of hearing.”
  3. Company needs to attach with Form INC-23 a copy of details w.r.t. each of the objection received and responses made by Company.
  4. As per amended rule, if no objection is received from any person, the application may be put up for orders without hearing and the order shall be passed within 15 days from the date of application.
  5. However, if objection is received, RD shall hold a hearing to get consensus after which, the RD shall pass order within 60 days of filing application.

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