Registered Office Change
How do you change the address of a registered office?
The registered office of the company is the place where all business-related communications are held. In addition to the registered office, a company may have a business office, branch, industry, or administrative office. However, a registered company office in India must be registered with the Department of Business Affairs, other branches and offices may be opened by the company without prior notice of the ROC.
The company’s registered office in India will determine the company’s residence (Incorporation status). The ROC will be determined by the region or area in which the company’s registered office is located. In the event of a change of address at the registered office of the ROC company must be notified within 15 days.
Why is a registered office address important?
Although the Private Limited Company is consolidated it is important to declare the Company’s registered office and submit the relevant documents. Here is a list of documents to be submitted when announcing the company’s registered office at the time of incorporation:
- Electricity bill/water bill / Local tax receipt.
- NOC from the Landlord if the property is leased.
- Lease or lease agreement between the property owner and the company.
The name and address on the electricity bill/water bill/property rate must be exactly the same as the NOC landlord’s certificate and lease agreement. There is no need for such a registered office to be a commercial or industrial area. Also, a registered office cannot be an empty space or building under construction. The company’s registered office can be a residence.
If the company has not yet determined the registered office of the company at the time of applying for registration. The Companies Act, 2013 also provides for the company to declare a temporary address. The company’s registered office must be notified by completing INC22 within 15 days of the merger.
How do you change the address of a registered office?
After the company’s registered office has been announced in File INC 22. In the event of a change in the company’s registered office it must be notified to the ROC. If the change in the registered office address is in the same area of town or town or district it must be notified within 15 days by completing the relevant forms.
If the change of address of the registered office is outside the boundaries of the city or town or district then the registered office must approve the special decision approved by the company. Suppose a registered company office is to be moved from one ROC location to another, the change must be approved by the Regional Director of the ROC. Visit the AK taxes website to find out more about changing the registered office address.
Types of changes in a registered office
The company may want to change its office after some time. The company’s registered office needs to be replaced with prior information. The MCA provided procedures for changing company addresses, which should be followed by the company.
Types of changes to registered office address.
- Within the same city
- Within the same condition and ROC
- In another ROC in a similar situation
- From one region to another
We will take a closer look here:
Step 1: A change to a registered office within the same city
- The process of changing a registered office in the same city is very simple.
- First, the company should arrange a board meeting and make the same decision.
- The company needs to submit form INC22 and MCA. It must be lodged within 30 days of the board’s approval.
- Business address proof certificate, NOC from the owner, and lease agreement must be attached.
Step 2: Change to a registered office address with a different ROC but within a region
Suppose a company wants to transfer a registered office from the ROC-controlled area to another, then the company must apply for approval from the Regional Director as stated in Form INC-23. After the Regional Director confirms the change the same confirmation must be submitted to the ROC within 60 days. Within 30 days of application, the ROC will confirm the change of address.
Step 3: Address change in the same case but with a different ROC
In the major provinces such as Maharashtra and Tamil Nadu there are two company registrars. Sometimes it may be that when a company address is changed the ROC also changes. Therefore, there is a different process when such a change occurs.
Step 4: Changing an address in another region
The process of removing a registrant from one state to another is slightly different from the others. The company’s MOA changes as the registered office address also changes.
- It is necessary to hold a board meeting and pass a resolution calling for an extraordinary general meeting.
- A special decision must be passed at the EGM regarding changes to the registered office address and changes to the MOA. Decision must be submitted to MGT14 within 30 days with MCA.
- The company must publish the notice of change of office no later than 30 days before the date of application to the district director. It must be published in at least a native language or a regional newspaper and in an English newspaper.
- The company must also send a notice to creditors and creditors if they are present and to other governing bodies as applicable to the company.
- An application to the Regional Director must be submitted to change the registered office and the specified documents.
- In the event of an objection being obtained then there will be a hearing with the Central Government and the necessary orders will be issued. If no objection is received, the order will be passed without a hearing.
- Verification received from RD to ROCs must be submitted by the company within 30 days from the date of order.
- Within 30 days you are required to complete the INC-22 form at the ROC with the required documents.
The central government must approve the change of application for a registered state office within 60 days of the application and before passing the decision it must ensure that the change is in line with the consent of the creditors, the credit provider, etc. central government will be assigned to registrars in both provinces. The ROC of the country where the new office will be located must register the same and a new installation certificate must be issued.
Rule 27: Notice and confirmation of change of status of registered office
Notice of change of registered office address and similar confirmation will be completed on form INC 22 and the prescribed fees will be attached to the above form. The documents and the manner in which they are to be certified are referred to in terms of subsection (2) of section 12.
The documents must be attached in the prescribed manner with Form INC-22 both to release the registered office at the time of registration and the period of change in the registered office to ensure the company’s registered office. Documents to be verified at the registered office are listed below:
- Suppose a registered office is owned by the company it means that a transfer title is required of the company.
- In the event of a registered office being leased or leased, a deeds deed or lease agreement and lease receipts will be required. Rental receipts should not exceed one month.
- If the Director or any other person owns and the property is not leased by the company, the company is required to attach proof that the company is authorized to use the property as a registered office. Then this may serve as a ‘Certificate of Objection’ from the owner.
- Copies of the utility bills listed below should also be attached to all of the above cases. The bill requires the company name and address to be used as the company’s registered address. These debts should not be older than 2 months.
- Mobile bill
- Call credit
- Electricity bill
- Gas Bill
- Decisions such as special resolution and board decisions should be approved.
- A special resolution must be passed at a general meeting if there is a change in the registered office in an area outside the local list of the city, town, or district where the office is currently located.
- A board decision must be approved for approval by the director and submit Form INC-22.
Once approval has been given for all the forms filled in the MCA the process of changing the address of the registered office is completed. The company needs to update the address in all active areas. The new address must be changed to PAN, TAN, Bank accounts, all other registrations, and licenses, to be changed in each MOA.
Frequently Asked Questions
The registered office is the main business center, the registered office will be used for all official communications.
Yes, a registered company office can be moved from one location to another or from one region to another. It is a legal process that can be completed online.
It usually takes 2-4 working days to process the application form.
Form INC 22 and MGT 14 must be submitted to the ROC to change the company address.
Company can change address under three circumstances change of registered company in one location or city Change in same location Change from one region to another.