General Circular No. 50 / 2011; GOI; MCA; Dated 25th July, 2011
All Regional Directors, All Registrar of Companies, All Stakeholders
Sub: Simplified procedure for obtaining confirmation 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 dec ided to notify sec tion 8 of the Companies (Second Amendment) Ac t, 2002 (1) of 2003 thereby the work relating to confirmation of shifting of registered office from one state to another state and consequent alteration to Memorandum of Assoc iation of the company under sec tion 17 of the Companies Ac t, 1956 shall be shifted from the jurisdic tion of Company Law Board to the Central Government.
2. It has further been dec ided 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 Law Board and pending as on the effec tive date of notific ation shall be transferred to respec tive Registrar of Companies.
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 expec ted that on disc harging of these func tions by the respec tive Registrar of Companies on implementation of simplified procedures, the cost and the time to get such confirmation and alteration to Memorandum of Assoc iation under sec tion 17 of the Companies Ac t, 1956 shall be reduced.
5. The above simplified process is likely to be implemented with effect from 24th September, 2011.