Companies’ (Shifting of Registered Office) Ordinance, 1972
Ordinance No. V of 1972
7th January, 1372
An Ordinance o provide au additional
procedure for shifting the registered office of a company from one Province to another.
Whereas it is expedient to provide an additional procedure for shifting the registered office of a company from one Province to another;
Now, therefore, in pursuance of the Proclamation of the twenty-fifth day of March, 1969, read with the Proclamation of the twentieth day of December, 1971, and the Provisional Constitution Order, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:—
1.- Short title extent and commencement. (1) This Ordinance may be called the Companies (Shifting of Registered Office) Ordinance, 1972.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
2. Interpretation. In this Ordinance, unless there is anything repugnant in the subject or context,—
(a) “company” does not include a company whose objects and business are confined to a single Province; and
(b) all other words and expressions shall have the same meaning as in the Companies Act, 1913.
3. Ordinance to be in addition to companies Act, 1913. The provisions of this Ordinance shall be in addition to, and not in derogation of, the provisions of the Companies Act, 1913.
4.— Shifting of registered office of a company. (1) Where the shareholders of a company who together hold not less than ten per cent of its issued share capital make an application to the Federal Government for shifting the registered office of the company from a place in one Province to a .place in another Province specified in the application and the lFederal Government is satisfied that such shifting is necessary in the public interest, it may, by order, direct that, subject to such conditions, if any, as may be specified in the order, the registered office of the company shall be shifted to the place specified in the application.
(2) The shifting of the registered office of the company to which an order under sub-section (1) relates shall take effect on the date specified in the order.
(3) An order under sub-section (1) shall be published in the official Gazette and a copy thereof shall be sent to the Registrar of the Province to a place in which the registered office of the company is shifted.
(4) Upon the receipt of a copy of the order forwarded to him under sub-section (3), the Registrar shall record the same and thereupon reference to the registered office of the company in any instrument shall be deemed to be reference to the registered office so recorded.
(5) The company to which an order under sub-section (1) relates shall, as soon as may be after the publication of the order in the official Gazette, submit to the Registrar referred to in sub-section (3) copies of the memorandum and articles of the company.
5. Delegation of powers. The Federal Government may, by notification in the official Gazette, direct that its powers under section 4 shall, subject to such conditions, if any. as may be specified in the notification, be exercised by such officer or authority as may be so specified.
