G.S.R... (E)- In exercise of the powers conferred by sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (lncorporation) Rules, 2014, namely:-
1. (1) These rules may be called the Companies (lncorporation) Second Amendment Rules, 2017.
(2)They shall come into force on the date of their publication in the official gazette.
2. In the Companies (lncorporation) Rules, 2014 (hereinafter referred to as the principal rules), for rule 28, the following rule shall be substituted, namely: -
"28. Shifting of registered office within the same State.-
(1) An application seeking confirmation from the Regional Director for shifting the registered office within the same State from the jurisdiction of one Registrar of Companies to the jurisdiction of another Registrar of Companies, shall be filed by the company with the Regional Director in Form No.lNC.23 along with the fee and following documents:-
[A] Board Resolution for shifting of registered office;
[B] Special Resolution of the members of the company approving the shifting of registered office;
[C] a declaration given by the Key Managerial Personnel or any two directors authorised by the Board, that the company has not defaulted in payment of dues to its workmen and has either the consent of its creditors for the proposed shifting or has made necessary provision for the payment thereof;
[D] a declaration not to seek change in the jurisdiction of the Court where cases for prosecution are pending;
[E] acknowledged copy of intimation to the chief Secretary of the state as to the proposed shifting and that the employees’ interest is not adversely affected consequent to proposed shifting"
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