About this agreement
FORM NO. 59 OF THE COMPANIES ACT, 1956
Struggling to file the correct FORM NO. 59 OF THE COMPANIES ACT, 1956 for your company's interstate registered office shift? Get our ready-to-use, customizable FORM NO. 59 format in PDF or Word for instant download in India – compliant, professional, and hassle-free.
What is FORM NO. 59 under the Companies Act, 1956?
FORM NO. 59 OF THE COMPANIES ACT, 1956 is a mandatory statutory form prescribed under Rule 6 of the Companies (Central Government's) General Rules and Forms, 1956. It serves as a notice to the Registrar of Companies (ROC) regarding the situation of the company's registered office and any changes thereto, specifically when the registered office is relocated from one State to another. This form must be accompanied by a certified copy of the Company Law Board (CLB) order under Section 17(5) of the Act. Though the Companies Act, 1956 has been largely superseded by the 2013 Act, Form 59 remains relevant for legacy filings, transitional compliances, or specific ongoing requirements in India.
Companies use this form to ensure legal recognition of their new registered office address across state boundaries, preventing operational disruptions and regulatory penalties.
Why is FORM NO. 59 Important?
Filing FORM NO. 59 is crucial for maintaining corporate compliance in India. Key reasons include:
- Legal Requirement: Section 146 and Rule 6 mandate notifying the ROC within 30 days of the change, with Form 59 specifically for inter-state shifts.
- Avoid Penalties: Non-compliance can attract fines up to ₹500 per day under the 1956 Act provisions.
- Operational Continuity: Ensures official documents, notices, and communications are directed to the correct address.
- Credibility Boost: Demonstrates adherence to MCA (Ministry of Corporate Affairs) guidelines, vital for investors, banks, and partners.
Using a precise FORM NO. 59 format safeguards your business from rejections or legal hurdles during ROC scrutiny.
Key Elements of FORM NO. 59 Format
A standard FORM NO. 59 OF THE COMPANIES ACT, 1956 template includes:
- Company Details: Name, Corporate Identity Number (CIN), and date of incorporation.
- Present Registered Office Situation: Full address of the old office with State mention.
- New Registered Office Situation: Detailed new address in the destination State.
- Date of Change: Effective date of the shift.
- CLB Order Details: Reference to the certified copy of Company Law Board order under Section 17(5), attached as enclosure.
- Verification: Signed by a director, manager, or secretary with date and seal.
- Attachments List: Special resolution, MoA/AoA alterations, CLB order copy, etc.
Our legal template ensures all these sections are accurately structured for easy filling and e-filing via MCA portal.
Who Should Use FORM NO. 59?
This form is essential for:
- Private and public limited companies shifting headquarters interstate (e.g., Maharashtra to Delhi).
- Businesses undergoing structural reorganization under Section 17.
- Startups or SMEs expanding operations across states.
- Corporates handling legacy compliances under the 1956 Act.
Common use cases include mergers, expansions, or strategic relocations in India's dynamic business landscape.
Download FORM NO. 59 Format Now
Ready to streamline your compliance? Download our professional FORM NO. 59 OF THE COMPANIES ACT, 1956 sample today:
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Customize and Get Legal Advice
While our FORM NO. 59 format is ready-to-use and customizable, it's recommended to consult a company secretary or lawyer for case-specific advice. Tailor it to your needs and ensure attachments like the CLB order are authentic. Explore related legal templates: Form 18 (intra-state change), Section 17 petition formats, company registration documents, ROC filings in India, free download company forms, customizable contracts PDF/Word.
Stay compliant – download your FORM NO. 59 OF THE COMPANIES ACT, 1956 format now! (Word count: 528)
Important Guidelines
As of my last knowledge update in January 2022, there isn't a specific "Form No. 59" under the Companies Act, 1956. The Companies Act, 1956, has been replaced by the Companies Act, 2013, and the corresponding forms have been updated accordingly.
However, if Form No. 59 refers to a specific document or form under an amendment or later development, it's crucial to consult the latest provisions and updates to ensure compliance. Here are general guidelines for drafting any form under company law:
Accurate Identification: Clearly identify the form number and the specific purpose for which it is being used. Ensure that it aligns with the relevant provisions of the Companies Act.
Completeness of Information: Provide all required details accurately. Incomplete or inaccurate information may lead to delays or non-compliance.
Legal Compliance: Ensure that the form complies with the current Companies Act, rules, and regulations. Stay updated with any amendments or notifications.
Clarity in Language: Use clear and unambiguous language. Avoid jargon or technical terms that may lead to confusion.
Common Mistakes to Avoid:
Ignoring Updates: Companies laws are subject to amendments. Ensure that the form is aligned with the latest provisions by checking for updates and amendments.
Incomplete Submission: Verify that all required fields are filled, and necessary documents are attached. Incomplete submissions may result in rejection.
Incorrect Form Selection: Verify that you are using the correct form for the intended purpose. Using the wrong form may lead to non-compliance.
Procrastination: Ensure timely submission. Late submissions may attract penalties or result in non-acceptance.
Always refer to the latest official resources or seek legal advice to draft and submit any form under company law accurately and in compliance with the prevailing regulations.
Frequently asked questions
What is Form No. 59 under the Companies Act, 1956?→
Form No. 59 is a notice issued by the Registrar of Companies (ROC) in India under Section 560(6) of the Companies Act, 1956, confirming that a company is in operation and not liable to be struck off the register.
Is Form No. 59 still legally valid in India after the Companies Act, 2013?→
The Companies Act, 2013 has superseded the 1956 Act for most purposes, but Form No. 59 may apply to legacy cases; verify with the ROC or a legal expert for current validity in India.
Does Form No. 59 require stamp duty or court fees?→
As a statutory notice issued by the ROC, Form No. 59 does not require stamp duty or court fees when issued; no payment is needed for its use as a legal document.
In what format can I download Form No. 59?→
Download Form No. 59 in editable Word or PDF format for easy printing and filing with the Registrar of Companies in India.
Can I customize or edit Form No. 59?→
Yes, this legal form is fully customizable; edit company details, addresses, and dates as needed before use in compliance with Indian company law.
When and by whom should Form No. 59 be used?→
Form No. 59 is issued by the ROC to companies that respond to a strike-off notice under Section 560, affirming the company is active; companies reference it for records.