Change in the registered office and Procedure on shifting of an office

This blog will contain information related to change in the registered office of a company, procedures on shifting of an office from one state to another, and information on changes of office within the same city.

Introduction

All the business-related activities will be opted by a business where it is been registered. A firm can have a corporate office, factory, branch, or administrative office as its registered office. The company’s domicile will be determined by its registered office in India (state of Incorporation). The ROC (Registrar Of Company) is selected by the state or location where the company’s registered office is located. The registrar of the company (ROC) must be notified of any change of address at a company’s registered office within 15 days.

Different types of address change in registered office

After a period, a company may wish to relocate its headquarters, in that case, a company’s registered office must be changed with notice. The MCA has specified processes for changing a company’s address, which must be followed by the company.

• procedures on shifting of a office from one state to another.
• Changes of office within the same city.
• Shifting of office to other ROC in the same state.
• Changes of office within same state and ROC.

procedures on shifting of a office from one state to another

• A board meeting must be held and a resolution to convene an extraordinary general meeting must be passed.
• The EGM will pass a special resolution regarding the change in the registered office address as well as the modification of the MOA. The MCA must receive the resolution in MGT14 within 30 days.
• Not more than 30 days before the date of application to the regional director, the company must post an advertisement for moving the office. It should appear in both native language and a regional newspaper, as well as in English newspaper.
• If there are any creditors or debenture holders, the company should also notify them, as well as any other regulatory agencies that apply to them.
• To change the registration office, submit an application to the Regional Director, together with the required documents.
• If an objection is received, a hearing with the central government will be held, and required instructions will be issued. If there are no objections, the order will be passed without a hearing.
• The corporation must file the confirmation received from the regional director to the ROCs within 30 days of the date of the order.
• It is important to file form INC-22 with the requisite documents to the ROC within 30 days.

Changes of office within the same city

The following are the requirements for changing a company’s registered office within the municipal bonds of the same city, village, or town

• To change the registered office, the firm must hold a Board meeting and pass a Board resolution.
• Within fifteen days of the Board resolution being passed, Form INC-22 must be filed with the ROC.

The following documents must be attached to Form INC-22

• If the office is on leased/rented land, the owner must provide a NOC (No Objection Certificate).
• If the office is located on leased/rented land, a rent/lease agreement is required.
• Proof of any utility bills sent to the office address that is less than two months old.

Shifting of office to other ROC in the same state

• With the use of a special resolution, a board resolution, and the Regional Director’s approval
• Within 30 days of the Special Resolution, file Form MGT-14.
• By completing and submitting Form INC- 23
• Needs to submit Form INC-28 within 60 days after the Regional Director’s order
• By submitting Form INC- 22 within 30 days of the Regional Director’s order

Changes of office within same state and ROC

• If a firm wants to move its registered office from one ROC to another, it must fill out Form INC-23 and submit it to the Regional Director for permission.
• Within 60 days of the Regional Director’s confirmation, the identical confirmation must be filed with the ROC.
• The ROC must validate the change of address within 30 days of filing.

Conclusion

The procedure for changing the registered office is finished once all of the forms are filed with the MCA and approved by MCA. After then, a business must update its address in all relevant locations. It covers TAN, PAN, bank accounts, licenses, and all other registrations as well as revisions to each copy of the MOA and AOA.