TMI BlogCompanies (Incorporation) Second Amendment Rules, 2017X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. In the Companies (Incorporation) Rules, 2014 (hereinafter referred to as the principal rules), for rule 28 , the following rule shall be substituted, namely:- 28. Shifting of registered office within the same State .- (1) An application seeking confirmation from the Regional Director for shifting the registered office within the same State from the jurisdiction of one Registrar of Companies to the jurisdiction 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; ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Power of Attorney or the executed Vakalatnama, as the case may be. (2) There shall be attached to the application, a list of creditors and debenture holders, drawn up to the latest practicable date preceding the date of filing of application by not more than one month, setting forth the following details, namely:- (a) the names and address of every creditor and debenture holder of the company; (b) the nature and respective amounts due to them in respect of debts, claims or liabilities: Provided that the list of creditors and debenture holders, accompanied by declaration signed by the Company Secretary of the company, if any, and not less than two directors of the company, one of whom shall be a managing director, where there is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 creditor of the company; and (c) serve, by registered post with acknowledgement due, a notice together with the copy of the application to the Registrar and to the Securities and Exchange Board of India, in the case of listed companies and to the regulatory body, if ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of which the Central Government shall pass an order confirming or rejecting the alteration within sixty days of the filing of application. (9) The order passed by the Central Government confirming the alteration may be on such terms and conditions, if any, as it thinks fit, and may include such order as to costs as it thinks proper: Provided that the shifting of registered office shall not be allowed if any inquiry, inspection or investigation has been initiated against the company or any prosecution is pending against 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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