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SHIFTING OF REGISTERED OFFICE FROM ONE STATE TO ANOTHER
INTRODUCTION
Bypassing a Special Resolution, the Company may shifting of registered office from one state to another.
MANDATORY REQUIREMENTS FOR REGISTERED OFFICE Like SHIFTING OF REGISTERED OFFICE FROM ONE STATE TO ANOTHER
A company must obtain clearance from the Central Government (Regional Director) before changing its registered office from one state to another.
If the company has more than 200 members, any Special Resolution voted under this method must be passed only by postal ballot, according to Section 110 read with Rule 22 of the Companies (Management and Administration) Rules, 2014.
If an inquiry, inspection, or investigation has been launched against the Company, or if a prosecution is proceeding against the Company under the Act, the Registered Office may not be relocated. [Companies (Incorporation) Rules, 2014, Section 30(9)]
THE FOLLOWING PROCEDURE MUST BE FOLLOWED TO SHIFTING OF REGISTERED OFFICE FROM ONE STATE TO ANOTHER
Call a Board of Directors Meeting [as per Section 173 and SS-1]
Send a notice of the Board Meeting to all of the Company's Directors at their registered addresses at least 7 days before the date of the Board Meeting. In the event of an emergency, a shorter notice can be granted.
Attach the Agenda, Agenda Notes, and Draft Resolution to the Notice.
Hold a meeting of the Company's Board of Directors and pass the relevant Board Resolution.
To evaluate the idea of changing the Company's Registered Office from one state to another, subject to shareholder approval in the General Meeting or through a postal ballot.
To amend the Memorandum of Association (MOA) as a result.
To permit a CS, CFO, or Director to submit an application to the Regional Director for authority to relocate the Registered office.
To give permission for a CA/CS/CMA/Advocate to appear before the Regional Director and sign a Memorandum of Appearance.
To determine the day, date, time, and location of the Company's General Meeting.
To approve the draught notice of General Meeting or Postal Ballot, as well as the explanatory statement attached to the notice, in accordance with Section 102 of the Companies Act of 2013.
To empower the Director or Company Secretary to sign and provide notice of the General Meeting or postal ballot, as well as to perform any acts, deeds, or things necessary to carry out the Board's decision.

To know more visit https://muds.co.in/shifting-of-registere...ate-to-another/

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