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Every company has a registered office which serves as the official communication address for various government departments, vendors, customers and other stakeholders. The registered office is indicated at the time of company registration with the Ministry of corporate Affairs.
In addition to the registered office, a company may have a sales office, administrative officer, and corporate office at different locations for various purposes. The importance of the Registered office is that the same is registered with the Registrar of Companies (RoC) as the primary office address. The importance of the Registered office arises further from the requirement that all secretarial records, books of accounts are supposed to be kept at the registered office of the company.
Change in Registered Office
A company can change its existing registered office to a new location by following the provisions of Section 13(4), (5) and (7) of the Companies Act, 2013 which requires intimation to the Registrar of companies in form INC-22 within 15 days from the date of such change.
Special resolution and alteration of MOA required in case the change of Registered office in following cases from one state to another state.
Applicable Sections
Section 12 of the Companies Act,2013
Section 13 of the Companies Act,2013
Companies (Incorporation) Rules,2014
Companies (Incorporation) Second Amendment Rules, 2017
1. Change within the local limits of the same town Registered office change within local limits of the same town or city required Board resolution only. The changes with the supporting documents like Proof of new registered office premises along with certified true copy of the Board Resolution need to be submitted in Form INC-22 within 15 days of such change 2. Change outside the local limits of any city, town or village Registered office change outside the local limits of city, town or village should require Board resolution and special resolution of the company. Form INC-22 to be filed within 15 days of such change. 3. Change with in the same state from One RoC jurisdiction to another RoC jurisdiction Registered office change from One RoC jurisdiction to another RoC requires the following. a. Board resolution for shifting of the registered office. b. Special resolution of the members of the company approving the shifting of the registered office. c. Publication of notice, at least once in a daily newspaper published in English and vernacular language as applicable in the particular district in which the registered office is presently situated. d. Notice to the debenture holder, depositors and creditors of the company indicating the proposed change and also stating that any person whose interest is likely to get affected by the proposed alteration may intimate his nature of interest and ground to RD (Regional Director) with a copy to the company within 21 days from the date of publication of the notice. e. Application to be filed with Regional Directors seeking confirmation for change in Registered office from One RoC jurisdiction to another RoC jurisdiction in form INC-23. Regional Director shall pass necessary order within 30 days of receipt of the application. f. Form INC-22 intimating the Order copy of Regional Director shall be filed with RoC within 60 days from the date of passing the order. g. Form INC-28 (Notice of Order of the Court or Tribunal or any other competent authority) within 60 days from the date of order of Regional Director. 4. Change from One State to Another State The shifting of registered office from One state to another state involves alteration of memorandum of Association (MOA), passing of special resolution by the company which must be approved by the Central Government. The steps are a. Draft MOA with proposed changes to be prepared b. Board resolution and special resolution to be passed c. Form INC 23 seeking approval for alteration of MOA with regards to relocation to be filed with Central Government d. Advertise in form INC-26 in a daily newspaper publish in English and vernacular language not more than 30 days before filing the INC-23 application. e. Notice to Creditors, depositors and debenture holders indicating the relocation and seeking their opposition if any f. Form INC-22 filing with RoC intimating the approval of Central Government order along with other supportive documents g. Form INC-28 to be filed within 30 days from the receipt of Central Government order.
Our compliance expert will be in touch with the documents. Once you share these documents, we will complete the below process
1. Drafting of Board resolutions and special resolutions
2. Validation of documents shared
3. Filing of necessary forms with RoC, Regional Director and Central Government as applicable
4. Tracking the submission and Intimation of updation in RoC master data.
You don’t have to worry about the above process as our Compliance experts will help you in getting the company registration smoothly, quickly and hassle-free.
Registered Office
Registered office is the official communication address of a company as maintained in the records of the Registrar of Companies. The domicile of a company is ascertained through its location of registered office.
Shareholders/Members
Every person holding a share certificate is called a shareholder/member of the company.
Memorandum of Association
Memorandum of Association is the Charter/Constitution of the company. It defines the objects of the company both primary objects and incidental objects for which the company is formed. It also includes details related to Capital, Name, Registered office, Authorised capital, Liability clause. The shareholders approve and sign the MOA on Incorporation which is called subscribing to MOA.
Articles of Association
Articles of Association are bye laws of the company that govern the internal management and conduct of the business of the company. AOA is part of the MOA and is governed by the MOA of the company. It regulates the relationship between the company and its shareholders, as well as between the shareholders itself.
The four types of changes in the registered office are as below.
Type 1 – Change in registered office within the local limits of any city, town or village
Type 2- Change outside the local limits of any city, town or village
Type 3- Change in registered office from One RoC jurisdiction to another RoC jurisdiction
Type 4 – Change in Registered office from One State to another state.
The primary documents required are
a. A copy of Board resolution
b. A copy of Special resolution
c. Proof of address like rental agreement / Property ownership documents etc. and utility bill not older than 2 months
d. NOC from the new owner of the property.
For detail documents check list- please refer to Document Checklist section
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