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Change in Registered Office Address
Change in Registered Office Address
A change in the registered office address refers to a change in the official address that is on record with a company or organization. This is typically the address where legal documents and correspondence are sent and received.
In India, a change in the registered office address of a company or organization must be registered with the Ministry of Corporate Affairs (MCA). The process for changing the registered office address involves filing certain documents with the MCA, including a notice of the change of address and a copy of the resolution approving the change. The MCA will review the documents and, if everything is in order, will update the company’s records to reflect the new registered office address. It is important to keep the MCA informed of any changes to the registered office address, as this is the official address on record with the government and is used for various legal and regulatory purposes.
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Different Types of Changes in Registered Office of Company
1. Procedures for moving an office from one state to another
1. Hold a board meeting and pass a resolution to convene an EGM
2. EGM passes a resolution about the change in registered office address and any necessary MOA modifications
3. MCA must receive resolution in MGT14 within 30 days
4. Advertise move in local and regional newspapers, as well as in an English newspaper, at least 30 days before submitting application to regional director
5. Notify creditors and debenture holders, as well as any relevant regulatory agencies
6. Submit application to regional director along with required documents
7. If objection is received, hold hearing with central government and follow any necessary instructions
8. If no objections, pass order without hearing
9. File confirmation from regional director with ROCs within 30 days of order
10. File form INC-22 with necessary documents to ROC within 30 days
2. Changes of office within the same city
To change the registered office within the same municipality, the following requirements must be met:
1. Hold a Board meeting and pass a resolution
2. File Form INC-22 with the ROC within 15 days of the resolution being passed
Attach the following documents to Form INC-22:
– NOC from the owner if the office is on leased/rented land
– Rent/lease agreement if the office is on leased/rented land
– Proof of utility bills sent to the office address that are less than two months old
3. Shifting of office to other ROC in the same state
To move an office to a different ROC within the same state, the following steps must be taken:
– Use a special resolution and a board resolution, along with approval from the Regional Director
– File Form MGT-14 within 30 days of the special resolution
– Complete and submit Form INC-23
– Submit Form INC-28 within 60 days of the Regional Director’s order
– Submit Form INC-22 within 30 days of the Regional Director’s order
4. Moving an office within the same state and ROC
To move the registered office from one ROC to another, the following steps must be taken:
1. Submit Form INC-23 to the Regional Director for permission
2. File the same confirmation with the ROC within 60 days of receiving confirmation from the Regional Director
3. The ROC must validate the change of address within 30 days of filing
Conclusion
The process for changing the registered office is complete when all necessary forms have been filed with the Ministry of Corporate Affairs (MCA) and approved by MCA. Afterwards, the business must update its address in all relevant locations, including TAN, PAN, bank accounts, licenses, and other registrations, as well as any necessary revisions to copies of the Memorandum of Association (MOA) and Articles of Association (AOA).