Section 18 - Alteration to be registered within three months. - Companies Act, 1956

[1] 18. Alteration to be registered within three months. [2] [(1) A company shall file with the Registrar ____ (a) a special resolution passed by a company in relation to clauses (a) to (g) of sub-section (1) of section 17, within one month from the date of such resolution; or (b) a certified copy of the order of the [3] [Central Government] made under sub-section (5) of that section confirming the alteration, within three months from the date of order,as the case may be, together with a printed copy of the memorandum as altered and the Registrar shall register the same and certify the registration under his hand within one month from the date of filing of such documents.] (2) The certificate shall be conclusive evidence that all the requirements of this Act with respect to the alteration and the confirmation thereof have been complied with, and thenceforth the memorandum as so altered shall be the memorandum of the company. (3) Where the alteration involves a transfer of the registered office from one State to another, a certified copy of the order confirming the alteration shall be filed by the company with the Registrar of each of the States, and the Registrar of each such State shall register the same, and shall certify under his hand the registration thereof; and the Registrar of the State from which such office is transferred shall send to the Registrar of the other State all documents relating to the company registered, recorded or filed in his office. [4] (4) The [5] [Central Government] may, at any time, by order, extend the time for the filing of documents [6] [or for the registration of the alteration] under this section by such period as it thinks proper. ----------------------------------------- Notes:- [1] Substituted by the Companies (Amendment) Act, 1996, w.e.f. 1-3-1997. Prior to the Substitution, sub-section (1), as substituted by the Companies (Amendment) Act, 1960 and later amended by the Companies (Amendment) Act, 1974, w.e.f. 1-2-1975, read as under: "(1) A certified copy of the order of the Company Law Board made under sub-section (5) of section 17 confirming the alteration, together with a printed copy of the memorandum as altered, shall, within three months from the date of the order, be filed by the company with the Registrar who shall register the same and certify the registration, under his hand within one month from the date of the filing of such documents." [ See e-Form 62, Companies (Central Government's) General Rules Forms, 1956. ]. [2] Substituted by the Companies (Amendment) Act, 1996, w.e.f. 1-3-1997, for the following: [ See Rule 20C of General Rules Forms ]. "(1) A certified copy of the order of the Company Law Board made under sub-section (5) of section 17 confirming the alteration, together with a printed copy of the memorandum as altered, shall, within three months from the date of the order, be filed by the company with the Registrar who shall register the same and certify the registration, under his hand within one month from the date of the filing of such documents." [3] Substituted for "Company Law Board" by the Companies (Second Amendment) Act, 2002, w.e.f. a date yet to be notified. [4] Fees prescribed is Rs. 100. On notification of the commencement of the amendment, power will be transferred to the Central Government. [5] Substituted for "Company Law Board" by the Companies (Second Amendment) Act, 2002, w.e.f. a date yet to be notified. Earlier the quoted words were substituted for Court by the Companies (Amendment) Act, 1974, w.e.f. 1-2-1975. [6] Inserted by the Companies (Amendment) Act 1960, 65 of 1960, section 7.