Distinguish Between · Q4
Q.Distinguish between a change of registered office within the local limits of the same city/town/village and a change of registered office from one state to another.
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Start your 14-day free trial to unlock the full solution →A change of registered office within the local limits of the same city/town/village and a change from one state to another differ sharply in procedure:
| Basis | Within local limits (same city/town/village) | From one state to another |
|---|---|---|
| Governing provision | Section 12(4) | Section 12(5) read with Section 13(4) |
| Approval needed | Board Resolution only | Special Resolution of members (75% majority) |
| Regional Director's role | None | Confirmation required, applied for in Form INC-23 |
| Filing of the resolution | Not applicable (no Special Resolution involved) | Special Resolution filed in Form MGT-14 within 30 days |
| Notice of the actual change | Form INC-22, within 30 days of the change | Form INC-22, within 30 days of the Regional Director's confirmation |
| Reason for the heavier procedure for an inter-state move | Purely an internal administrative move, minimal effect on outside parties | Can affect members'/creditors' convenience and shifts the company's regulatory/ROC jurisdiction entirely, so the law requires member consent and independent confirmation |
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