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CA Intermediate · Corporate and Other Laws · Incorporation of Company and Matters Incidental Thereto

Sunrise Agro Pvt Ltd, incorporated in Pune, has its registered office at a rented premises. Two months after incorporation, the board wants to shift the registered office from one place to another within the same city. What is the correct legal position under the Companies Act, 2013?

A shift of the registered office within the same city needs only a board resolution. The company must then give notice to the Registrar within fifteen days of the change. Member approval or Regional Director confirmation is not required for a same-city shift, which is the simplest category of change.

  1. AA special resolution and Regional Director approval are required
  2. BShifting within the same city needs only a board resolution, and notice must be given to the Registrar within 15 days of the changeCorrect
  3. CShifting within the same city needs an ordinary resolution of members and NCLT approval
  4. DNo intimation to the Registrar is needed for a change within the same city

Explanation

A change of registered office within the same city, town or village does not require a members' resolution or any approval. The board can decide it, and the company must file notice with the Registrar within 15 days of the change. The option requiring a special resolution and Regional Director approval applies to other kinds of shift, such as a change of state or between ROC jurisdictions.

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