XYZ Ltd. a company wants to shift its registered office from Chennai, Tamil Nadu (ROC, Chennai) to Coimbatore, Tamil Nadu (ROC, Coimbatore) since the company is facing operational difficulties due to the current location

As per Section 12 of the Companies Act, 2013, no company shall change the place of its registered office from the jurisdiction of one Registrar to the jurisdiction of another Registrar within the same State unless such change is confirmed by the Regional Director on an application made in this behalf by the company in the prescribed manner mentioned as under. Rule 28 of the Companies (Incorporation) Rules, 2014: Shifting of registered office within the same State 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.INC.23 along with the fee and following documents: Board Resolution for shifting of registered office; Special Resolution of the members of the company approving the shifting of registered office; 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; A declaration not to seek change in the jurisdiction of the Court where cases for prosecution are pending; 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. The certified copy of order of the Regional Director, approving the alternation of memorandum for transfer of registered office company within the same State, shall be filed in Form No.INC-28 along with fee with the Registrar of State within thirty days from the date of receipt of certified copy of the order. XYZ Ltd. has to comply as per above provisions.