* (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.
(2) The company shall, not less than one month before filing any application with the Regional Director for the change of registered office.-
(a) publish a notice, at least once in a daily newspaper published in English and in the principal language of that district in which the registered office of the company is situated and circulating in that district; and
(b) serve individual notice on each debenture holder, depositor and creditor of the company, clearly indicating the matter of application and stating that any person whose interest is likely to be affected by the proposed alteration of the memorandum may intimate his nature of interest and grounds of opposition to the Regional Director with a copy to the company within twenty one days of the date of publication of that notice:
Provided that in case no objection is received by the Regional Director within twenty one days from the date of service or publication of the notice, the person concerned shall be deemed to have given his consent to the change of registered office proposed in the application:
Provided further 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.
Provided also that 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 be allowed.
28. Shifting of registered office within the same State Rule 28 substituted vide Companies (Incorporation) Second Amendment rules, 2017 dated 27.07.2017. To view the notification, Click Here
Form INC 23 has been revised vide MCA Notification dated 19.01.2023. To view the Notification, Click here . To view the revised Return, Click here .
To view the return, Click Here
Substituted vide MCA Notification dated 19.01.2023 regarding the Companies (Incorporation) Amendment Rules, 2023. To view the Notification, Click here .
(2) Inserted vide the Companies (Incorporation) Eighth Amendment Rules, 2019 dated 16.10.2019. To view the Notification. Click Here .
(3) Inserted vide the Companies (Incorporation) Eighth Amendment Rules, 2019 dated 16.10.2019. To view the Notification. Click Here .
* Rule 28 substituted vide Companies (Incorporation) Second Amendment rules, 2017 dated 27.07.2017. To view the notification, Click Here
Form no.INC.23 To view the return, Click Here
Inserted vide notification dated 27.07.2016, Companies (Incorporation) Third Amendment Rules, 2016. To view the notification, Click Here
