Shifting of Registered Office after the approval of Resolution Plan under IBC – The Companies (Incorporation) Third Amendment Rules, 2023, G.S.R. 790(E) dated 20.10.2023
Th First proviso to Rule 30(9) of the Companies (Incorporation) Rules, 2014 provide that the shifting of registered office shall not be allowed if any inquiry, inspection or investigation has been initiated against the company or any prosecution is pending against the company under the Act.
On 20.10.2023, MCA inserts second proviso to Rule 30(9) that where the management of the company has been taken over by new management under a resolution plan approved under section 31 of the Insolvency Bankruptcy Code, 2016 and no appeal against the resolution plan is pending in any Court or Tribunal and no inquiry, inspection, investigation is pending or initiated after the approval of the said resolution plan, the shifting of the registered office may be allowed. The new proviso enforce w.e.f. 21.10.2023.