Change in registered office

You may easily change your company's address. Top legal specialists file the ROC. Address changes inside and outside of the state are handled effortlessly.

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Change in Registered Office of a Company: overview, compliances and more

According to Section 12 of the Companies Act of 2013, all firms, including LLPs, must have a registered office at the time of registration or within 30 days after registration. A corporation's or LLP's registered office address is its principal place of business. Formal letters are sent to that place by the Ministry of Corporate Affairs (MCA). As a result, every change in the registered office's address must be reported to the RoC or MCA.

A company may have many locations, such as a corporate office, a branch office, an administrative office, and so on. The MCA, on the other hand, shall simply be notified of the registered office address. There is no necessity to inform the RoC or MCA of the establishment or change of address of the company's new offices.

Partnership Firm in India

Change in Registered Office Address:

According to the Companies Act of 2013, every business must have a registered office within thirty days of its establishment. A registered office should be maintained by a corporation throughout its life. The registered office is listed in the Memorandum and Articles of Association (MOA and AOA).

The registered office is where the corporation receives all messages and notices addressed to it. It is the company's official office where it does business. The registered office address must be provided to the Registrar of Companies ('ROC').

A company, on the other hand, may be obliged to alter its registered office. In such a circumstance, the business must adhere to the requirements outlined in the Act and the Companies (Incorporation) Rules, 2014 (the 'Rules').

Rule 27: Notification and Verification of Changes in the Registered Office's Situation

When you change the office address, you must complete Form INC-22 together with the relevant payments, according to the laws and regulations.
Section 12 subparagraph (2) describes the papers and the method for confirming them.

Every time the registered office changes its business address, the necessary documentation, including Form INC-22, must be filed. The registered office must verify the whole list of papers.

The following documents must be presented without exemption.

Deed of property transfer
Lease agreement
Rental documentation
All of these documents should be in the company's name, and the total amount of rent received should not exceed one month.
If the property is held by the director or another individual, the business must provide documentation to the registration authorities, including a Non-Objection Certificate (NOC).

Utility documents should be documented in all of the aforementioned scenarios. Along with the firm name, the bill must include the address that acts as the company's registered address. The primary term for submitting is two months, which should not be exceeded. Gas, power, and phone bills, as well as board resolutions and special resolutions, must be approved.

The board of directors should issue a resolution authorizing the director to relocate the firm to a property held by the director.All papers, including Form INC-22, must be submitted. Following that, the MCA will initiate the change in the company's registered office.

A corporation must update its address in all essential locations.The new address should be changed in the PAN, TAN, and bank accounts, as well as any other registrations, licenses, and revisions to each MOA.

Types of Change in Registered Office

An organization may elect to alter its operational address in a variety of circumstances. However, in this scenario, right protocol must be followed. The Ministry of Corporate Affairs (MCA) clearly describes the complete procedure for changing a company's official address. To prevent fines, it is critical to follow the same approach every time. Address modifications may be roughly categorized into four sorts. The technique differs optimally for each kind.

Changing the registered office to a different city

In this case, the corporation should submit Form INC-23 to the regional director for approval. The modification resolution must be filed with the ROC within 60 days of its adoption. The address change will be implemented within 30 days of the application's submission

Changing the registered office location in the same state to a different ROC

If your company wants to focus more on core activities, we provide payroll outsourcing services. You can rely on us to perform your payroll functions accurately and confidentially.

Address change in the same state but in a different ROC

Different ROCs exist in larger states such as Tamil Nadu and Maharashtra. In this scenario, the method is entirely different.

Changing company address directly to another state

Board approval, MOA update, MGT-14 filing, ads, notices, regional director intimation, central govt hearing, ROC update, INC-22 filing.

Compliances for Change in the Registered Office

Change office Under the Same ROC

Compliances for Change in Registered Office of a Company Under the Same ROC Compliances are reasonably straightforward if the Company relocates its Registered Office within the jurisdiction of the same Registrar of Companies.

A) Change in the Registered Office of a Company Within the Same City

The following are the requirements for changing a company's registered office within the same city, village, or town

The corporation must approve a Board Resolution to alter its Registered Office.
Form INC-22 must be filed to ROC within 15 days after the Board Resolution.

B) Change in the Registered Office of a Company Outside the City

The following are the compliances for a change of registration office of a corporation outside of a city or town when it still comes within the jurisdiction of the same ROC:

To summon the Extraordinary General Meeting, the Board of Directors must gather and vote on a resolution.
To alter the Registered Office of the firm, the shareholders must adopt a specific resolution.
Within 30 days of the special resolution being enacted, the forms INC-22 and MGT-14 must be submitted to ROC.

Under Different ROC

When a firm relocates its registered office from one ROC's jurisdiction to another, the process becomes slightly more complicated.

Registered Address Change Within the Same State

The following are the requirements for transferring a company's registered office outside the municipal borders but under the jurisdiction of another ROC within the same state:

Resolution Adoption

The Board of Directors should pass a resolution calling for an EGM | At the EGM, the firm must pass a special resolution | The special resolution will be submitted to ROC along with MGT-14 within 30 days of the resolution's passing.

Regional Director's Application

The firm shall issue a public notice in the press regarding the change of registered office at least one month before applying for Regional Director.

Filings at the ROC

If the Regional Director is pleased, he will provide confirmation within 30 days of receiving the application.
The Company must file such confirmation with ROC within 60 days.
ROC will also give a confirmation for the change of office within 30 days.
The ROC's order will serve as proof that all of the act's stipulations have been fulfilled.

Change of Registered Address Outside of the state

The following are the requirements for moving a company's registered office from one state to another:

Resolution Adoption

The Board of Directors should pass a resolution calling an EGM | For the change of registered office and modification of the Memorandum of Association, the company must pass a special resolution at the EGM | The special resolution will be submitted to ROC along with MGT-14 within 30 days of the resolution's passage.

Regional Director's Application

The firm shall issue a public notice in the press regarding the change of registered office at least one month before applying for Regional Director | All debenture holders, creditors, and depositors should be individually notified by the company. In order for them to alert the Regional Director if their rights are abused. This information should be given within 21 days after getting notice. | The corporation can submit an application to the Regional Director using form INC-23.

Filings at the ROC

The corporation must file certification from the Regional Director with ROC using form INC-22 within 60 days.
The permission of the Central Government should be lodged with the ROCs of both states using form INC-28.
The ROC will also issue a confirmation of the office move. The ROC's order will serve as proof that all of the act's stipulations have been fulfilled.

What is the significance of the Registered Office Address?

The registered office location is critical for a corporation or business organization since it acts as the official address to which all official correspondence and legal notifications from government agencies, regulatory bodies, and other stakeholders are addressed. It is also the location of the company's statutory records, which include books of accounts, registrations, and other significant papers. Furthermore, the registered office address is used to determine the company's jurisdiction and for the serving of legal process. As a result, having a legitimate and up-to-date registered office location is critical for a company's seamless operation and compliance.

Why to choose Accubucks Solution?

Accubucks Solution employs the top business consultants in town. Our skilled staff will handle all of the paperwork. Contact our team of professionals and offer any necessary details. Our platform allows you to track progress at any time. When it comes to altering your registered office address, we are your one-stop shop. Simply Contact us right away!

Documents Required for Change in registered office:

Copy of certificate of Incorporation, MOA & AoA
Rent agreement in the name of company under the new address
Latest audited Financial statments of the company
Utility bill as a proof od premises and NOC

FAQs on Change in registered office

Question: What is the punishment for failing to comply with the Act's registered office provisions?
Answer: A corporation must follow all of the Act's stipulations. Noncompliance with the Act's requirements will result in sanctions. The organization and each individual in default will be fined Rs.1,000 for each day the default persists, up to a maximum of Rs.1 lakh.

Question: Is it possible to alter my registered office from a business to a residential address?

Answer: Yes, the address can be changed from a commercial to a home location because a registered office can also be retained at a domestic address.

Question: Can I alter my registration office immediately after forming my company?

Answer: Yes, it is possible to update it anytime the registration office is changed. It is possible to amend it at any moment after incorporation by following the procedure outlined in the Act.

Question: How long does it take to alter the registered office address?

Answer: The time it takes to change the registered office location is determined by several factors, including the state in which the business is registered, the kind of company, and the time it takes to complete the necessary procedures. In most cases, the procedure takes about 15-20 days to complete.

Question: Is it necessary to obtain approval from the shareholders to alter the registered office address?

Answer: Yes, shareholder approval is necessary to modify the registered office address. A special resolution in the general meeting of shareholders is required to alter the registered office address.