May 18, 2022
The registered office of a company is a place to which all official communications pertaining to a Company are sent. Along with a Registered office, a company can have multiple other offices also such have a branch office, corporate office, etc., Among all these offices, only one permanent address kind of office, i.e., registered office, needs to be mentioned to the Registrar and other banking and departments.
Each and Every change regarding the registered office shall have to be notified to the Registrar of companies and banking officials within 15 days.
Section 12 mandates all the companies to have registered office either at the time of incorporation or within 30 days of incorporation. Registered office of a company is a place where all the communications and notices may be sent. The situation clause of Memorandum of Association contains the state in which registered office of the company is situated. However, the notice of detailed address is required to be given in form INC-22 to Registrar of Companies. Any change in the situation of registered office is also required to be notified to Registrar of Companies within 30 days in e- Form INC- 22 along with prescribed fees.
There are several reasons for the change in the office address of a company. Here are some reasons listed below:
Different procedures are followed for the change in Registered Office Address which varies depending on the location. There are four scenarios under which the Office Address has been categorized:
As per the Companies Act, 2013 certain compliance's are required for registering any change in the registered office address of the company.
When there is any change in the registered Office of a Private Limited Company from one place to another place within the same state, the following procedures need to be followed:
Checklist of Documents that need to be attached to Form INC- 22
When there is a change in the Registered Office of a Private Limited Company within the same state but outside the existing city, town or village, it requires to follow certain procedures as prescribed the Act:
Form MGT-14
Form INC-22
When there is a change in the registered office address of a private limited company from one ROC to another but within the same state then the following procedure needs to be followed as per the Companies Act, 2013.
The Company will make the application to the Regional Director after the expiry of 30 days of publishing a newspaper advertisement and after this, INC-23 is filed.
Application to Regional Director in Form INC-23
If no Objection is received by the Regional Director within 21 days it will be considered for the shifting of the registered office.
Documents Required:
Any confirmation by the Regional Director shall be communicated within 30 days from the date of the receipt of the applications by the Regional Director to the Company.
After this, INC-22 is filed with the Registrar of Companies within 15 days of the order of the Regional Director. Following Documents needs to be attached –
When there is a change in the registered office from one state to another state or from the jurisdiction of one ROC to another, then the following procedure is being followed:
Documents:
Following procedures are being followed:
If no Objection is received by the Regional Director within 21 days it will be considered for the shifting of the registered office.
Documents:
The confirmation by the Regional director is served within 30 days from the date of receipt of the application to the company.
After this, the Company has to file Form INC-28 with the ROC within 30 days from the date of submission.
Thereafter, Form INC-22 is filed with the ROC within 15 days of the change in the registered office of the company along with the following documents:
Q. What are few points to be remembered while changing the registered office of a company?
All the new incorporating Companies shall have a clearly mentioned nameplate outside the main gate. A Board resolution is to be passed and made available to the registrar within 15 days in case of the change of office address.
Q. Is the process same of shifting Registered Office to Another State ?
Amendment of M.O.A. is required for Registered office change to another state. The company shall pass a special resolution to alter the M.O.A. and to be filed with the R.O.C. in the next 30 days. MGT-14 has to be filed in changing state. Approval needs to be obtained for C.G. in form I.N.C.- 23. The Following documents required are
The central government shall dispose of within 60 days for the change of registered office for outside the state application. It shall check for the changes before confirming. The approval of creditors, debenture holders, etc., is required. The Central approval is to be filed with both state registrars. A new certificate of incorporation will be provided by the state where you have changed to.
Q. What are the things to be taken care while arranging documents ?
At the time of incorporation of a Company, it is important to declare the registered office & submit documents like Electricity bills and rent agreements. A few of the following is required:
If you are planning to move with a N.O.C. (No Objection Certificate), make sure you dully fill in the address properly at each of the documents prepared with the govt papers, i.e., Electricity Bill. Moreover, make sure that an office is a working place. It should not be an illegitimate address or an empty floor. Though there are certain restrictions for using a residential place as a business, you must confirm with the relevant department.
Suppose the Directors have not finalized the office or want to do the rent agreement in the name of the incorporating company, then they can do so by mentioning a temporary address. Once the company gets registered, the directors can apply for I.N.C. 22 within 15 days and do the needful within the period mentioned
We do what we commit!
We take responsibility of our accountability!
Our values make us customer-centric!
A team with the best!