Whether below answer is correct?
Q.M/s ABC Ltd a company registered in the state of West Bengal desires to shift its registered office to the State of Maharashtra. Explain briefly the steps to be taken to achieve the purpose.
Answer:
1)Resolution of the Board of Directors:The first step in changing Registered Office is that the Board of directors of ABC Ltd must adopt a resolution to that effect.
2)Special Resolution :A special Resolution must be passed by the ABC Ltd in the general body meeting of shareholders/Members.
3)Confirmation by the CLB:ABC Ltd should File a petition before Company Law board to get the confirmation by the CLB.
4)Notice to affected parties:Before confiming the change the CLB shall ensure that sufficient notice has been given to every person whose interest will be affected by the change and that the consent of the creditors of the ABC Ltd has been obtained or their debts or claims have been discharged or secured.
5)Notice to Registrar:The CLB shall cause notice of the Petition for confirmation of the change to be served on the Registrar.The Registrar shall also be given a reasonable opportunity to appear before the CLB and state his objections and suggestions,if any, to the confirmation of the alteration.
6)Copy of the order to be filed with ROC’S : A certified copy of the order confirming the alteration, together with a printed copy of altered memorandum shall be filed by the ABC Ltd with both the Registrars of Companies West Bengal and Maharashtra.
After registration of the said order the Registrar of Companies Maharashtra will issue a certificate which is the conclusive proof that all the formalities have been complied with.
