Section 146(2) and 147 of companies act, 1956
varadagrawal
(Querist) 16 March 2013
This query is : Resolved
there was a Company which changed its registered office in the year 2010(the property belonged to a CA and he himself certified Form 18). But he is saying that in the year 2011 he asked the Company to vacate the property(but there is no notice served upon the Company) and he has issued a letter regarding the same in 2012(June 2012)to the MCA. Thereafter the Company changed its registered office in August 2012. Now the MCA has raised 2 objections-
1. that the Company has used the property since 2011 without the consent of the CA
2. the Company did not Complied the provisions of Section 146 of the Companies Act, 1956 as it shall have informed the change of registered office that it did in August 2012 within 30 days.
This is a very important matter. Please reply.
Regards,
CS Varad Agrawal
devdatta Jadhav
(Expert) 16 March 2013
per my view ,need to go for compounding under 621A
Kuummaar AS
(Expert) 16 March 2013
Your query is not fully understood. Form 18 can be signed by Managing director or director or manager or secretary of the company. How a CA signed the Form.
Further, following are attachments to Form 18:
i. Proof of Registered Office address (Mandatory in all cases).
ii. No Objection Certificate from director ………… (Mandatory if registered office is owned by director (not taken on lease by company).
iii. A proof that the Company is permitted to use the address as the registered office of the Company ………. (Mandatory if registered office is owned by any other entity/ person (not
taken on lease by company).
iv. Copy of the board resolution in case the company’s registered office is shifted within the
local limits of the city or town or village in which it was earlier situated is to be enclosed
v. Copy of the special resolution in case
the company’s registered office is shifted outside the local limits of the city or town or village in which it was earlier situated is to be enclosed.
vi. Any other information can be provided as an optional attachment.
Please clarify and provide more details.
