erp office from one State to another State is possible Ally when such a change eliables the company to meet out any of the purposes enumeratedSection 17(1) ofthe Act. In addition:to this requiremertt the followmgprocedure is to be followed for effecting the change:
First, a special resolution roost be passed be the company and a copy thereof sltoukl be filed with the Registrar within 30 days. :
Secondly; the sanction of the Company Law Board is to be obtained. Before conhrtning the alteration the Company Law Board satisfies itself that sufficient notice has been given to the creditors and other persons, whose interest may be affected by the alteration, and they have given their consent and that ever such creditor who objects to it has eit1ler been paid m full or his debt has been fully secured. The Company Law Board also causes notice of the proposed change to be served on the Registrar so that he may appear before the Board and state his objections or suggestions, if any, with regard to the change. The Company Law Board may then issue the confirmation order on such terms and conditions as it thinks fit
88 'S: SECRETARIAL PRACTICE
Thlm71y, a certified copy of the Company Law Board's confirm.order together with a printed copy of the altered memorandum Emit be riled v.ith the Registrars of both the States v. ithin three m onths of the order Th_ State roust register the same the certify the regjstratjor Within one month from t3 e date of the tiling of such documents. Further. the Registrar of the present State Will send ail. the records and documents re3 trtg to the company to the Registrar of the other State in due course
Fourfhlv, certiffiicate of :registration of the trnsfer' from both the Registrars are obtained, and
: lastly, the Registered Offlce is shifted to. its nev location in the other State and notice ofthe new address is given to the Registrar within 30 days c.f the shiRing of the of iice.
s ECRETARiAL PROCEDURE FOR ALTERATION OF DOMICILE CLAUSE The following steps are to be taken bv tne Secretary where the loca.ior. of the registered erp office at the company is to be changed
(a) Where the regi stem d erp office is to be changed within local limits:
(i) The secretary should convene a meeting of the Board of Directors do decide on the cl ange of address.
(ii) After the Board resolution to effect the change has been passed, a notice of the change must be filed w th the Registrar within or, days. ,:
(iii) He sho Ad Hive a public raGtice, thoughadvert3sertient and other media, to communicate the change to the shareholders alld the : general public. i: :
Nib) Yrhere the registered of lice is 7a be c-hanged outside the local limits hut w7thol the same State:
(ii) The Seereta y should then issue notices for the general meeting proposing the special resolution, alottg with a suitable explanatory :statement explaining the reasons for the change.
INCORPORATION OF A COMPANY 89
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