Change of Registered Office for company
SHIFTING TO BIGGER OFFICE OR A DFIFFERENT ADDRESS FOR BUSINESS ?
How is the address of a registered office changed?
A company's registered office is where all business correspondence takes place. In addition to its registered office, a company may also have a corporate office, branch, manufacturing, or administrative office. The Ministry of Corporate Affairs must be notified when a company establishes its registered office in India; however, the ROC need not be informed in advance of the opening of any new branches or offices.
The registered office in India will be used to determine the company's domicile (state of Incorporation). The ROC will be determined by the state or location of the company's registered office. Any change in the registered office address of a firm must be reported to the ROC within 15 days.
Why is being aware of the registered office address important?
While establishing a Private Limited Company, it is essential to specify the office where the business will have its registered office and to submit all required papers. When declaring a company's registered office during the company's incorporation, the following set of documents must be provided:
Water bill, electricity bill, and property tax receipt.
The landlord is required to provide his or her NOC if the property is rented.
The agreement for rent or leasing between the landlord and the enterprise.
The name and address on the electricity bill, water bill, and property tax receipts must exactly match those on the landlord's NOC certificate and the rental agreement. It is not necessary for the registered office to be a commercial or industrial property. Also, the registered office cannot be a structure that is still under construction or undeveloped land. A company's registered office could be a residence.
if the company doesn't select its registered office before submitting a request for formation. The Corporation may also publish a temporary address, according to the Companies Act of 2013. The registered office of the firm must be declared by filing INC22 within 15 days of incorporation.
How do I update the registered office address?
once a company files the INC 22 to declare its registered office. The ROC must be notified of any changes to the company's registered office. The change must be recorded within 15 days by filing the required paperwork if the registered office address stays within the same city, municipality, or village.
If the new registered office address is outside the city, town, or village limits, the registered office must approve a specific resolution made by the company. The Regional Director of the ROC must give his or her approval before the firm's registered office can be moved from one ROC jurisdiction to another. Visit www.returnfiler.com for more information regarding a change of registered office address.
alterations that may take place at a registered office
A business might eventually look to move. A company's registered office must be informed in advance of any changes. To change its address, the corporation must abide by the guidelines established by MCA.
variations in registered office address changes.
The two are in the same city.
simultaneously a state and ROC
To another ROC in the same state
between different states
Here, we'll look closely at:
The registered office has changed in the same city.
Within the same city, changing the registered office is rather simple.
A board meeting must be called and a resolution must be approved before the business can proceed.
The company is required to send a form INC22 to the MCA. 30 days after the board resolution has been approved, it must be presented.
The lease, the owner's NOC, and the utility bill used to verify the business address must all be annexed.
transferring the registered office to a different ROC but within the same state
A company must submit an application in the format outlined in Form INC-23 to the Regional Director for authorization before moving its registered office from one ROC to another. The same confirmation must be sent to the ROC within 60 days following the Regional Director's confirmation of the change. Within 30 days of filing, the ROC must confirm the address change.
Address change with a different ROC in the same state
Large states like Maharashtra and Tamil Nadu each have two company registrars. On occasion, when the company's address moves, the ROC also does. As a result, there is a separate process when such a transition happens.
fresh address in another state
Moving the registrant from one state to another involves a somewhat different procedure than other procedures. The MOA of the business changes along with the registered office address.
A resolution for an emergency general meeting must be approved during a board meeting.
A particular resolution must be approved at the EGM in order to change the MOA and the registered office address. The resolution shall be received by the MCA and shall be filed in MGT14 within 30 days.
The company must run an ad regarding the office move no later than 30 days before an application is filed to the regional director. It should at the very least be published in both the local or vernacular media as well as an English publication.
The corporation is also required to inform any current or potential debenture holders, creditors, and other regulatory bodies that might be pertinent to the business.
A written request with the required documentation must be sent to the regional director in order to modify the registered office.
The Central government will hold a hearing and make the necessary directives if an objection is made. If no objections are raised, the order will be issued without a hearing.
The corporation must submit the confirmation it received from the RD to the ROCs within 30 days of the order's date.
Within 30 days, the required paperwork must be delivered to the ROC along with form INC-22.
Requests to relocate the registered office outside of a state must be answered by the central government within 60 days of receipt, and before adopting a resolution, it must verify that the relocation has the support of all parties—creditors, debenture holders, etc. The registrars of the two States shall receive the consent of the Central Government. It is necessary to generate a new certificate of incorporation and register the new office with the ROC of the state in where it will be situated.
Rule 27: Notice and confirmation of a change in the circumstances of the registered office
With the notice of the change in registered office address and the verification of the same, Form INC 22 must be completed, sent with the necessary fees, and attached to the aforementioned form. The papers and the process for confirming them are described in Section 12's subparagraph (2).
The supporting paperwork must be submitted with Form INC-22 in the correct format and be used to confirm the company's registered office as well as to notify the government of any changes to the registered office after the company's incorporation. The list of documents that need to be verified for the registered office is as follows:
A property transfer deed in the name of the business is required if the registered office is owned by the company itself.
If the registered office is leased or rented, the lease deed, the rent agreement, and the rent receipts are required. The total amount of rent receipts should not exceed one month.
The company must give proof that it has authority to use the place as its registered office if the Director or another person owns the property and it is not leased space. The owner's "No Objection Certificate" can then be based on this.
Copies of the utility bills described below should also be submitted in all of the aforementioned circumstances. The address that serves as the company's registered address must also be included in the bill along with the firm name. No bill should be older than two months.
cell phone bill
the price of a phone
Resolutions like board resolutions and special resolutions must be adopted.
A Special resolution must be passed by the membership at a general meeting if the registered office is moved to a place that is not on the local list of the city, municipality, or village where it is now located.
The board must pass a resolution in order to approve the director's authorization. The Form INC-22 must then be submitted after that.
Once all of the forms submitted to the MCA have been authorised, the procedure for changing the registered office's address is complete. A company needs to change the address in all the required places. The new address should be updated on the PAN, TAN, bank accounts, as well as all other registrations, licences, and modifications to each MOA.