Change of Registered Office Address

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Change of Registered Office Address

Registered office of Company:

Every company incorporated in India must have a registered office address. It is a principal place of business. All official correspondence from the Registrar is sent to this office. For any reason, you may have to shift your principal place of business be it within the city, within a state, or in a different city or in a different state altogether an initiation to ROC is a must. The registered office of a company is that to which official correspondence and all formal legal notices addressed to the company will be sent.

Change in the Address of Registered office of Company :

Every company that has shifted registered office must give notice to Ministry within 30 days of such change. However, a special resolution is needed in the case the registered office has been shifted to another city in the same state. In the case where a registered office has been shifted from one state to another, the Company has to complete certain formalities. It must then give a newspaper advertisement and also a notice to the State Government and obtain NOC.

Penalty for not complying with the procedural requirements of change in the registered office of company as per the Act:

If any default is made in complying with the procedural requirements of change in registered office of company, the company and every officer who is in default shall be liable to a penalty of one thousand rupees for every day during which the default continues but not exceeding one lakh rupees.

Documents required to change the Registered Office of Company

Within the same city / state

Proof of registered office address of the company

NOC from the owner of new premises or copy of property ownership documents.

Copy of Special Resolution (Required when registered office changed with in same state but different cities)

Copy of bills such as electricity bill, water bill, etc.

From one state to another

Copy of Special Resolution passed to amend the MOA.

Copy of MOA & AOA of the company.

Copy of Notice of general meeting with the statement of explanation.

Copy of Minutes of Meeting of the General Meeting.

Details of debenture holders and creditors of the company

Rules to follow for changing the Address of the Registered Office of Company

Same State, Same Jurisdiction

While changing the Address of the Registered office of Company within the same city, the company has to arrange a board meeting and pass board resolution to change the registered office. Once the resolution has passed, the company has to file the form INC-22 with MCA within 30 days of the date of the board resolution. In a case where registered office is changed in different cities but same state and ROC then along with form INC-22, Form MGT-14 and special resolution passed in EGM with MCA has to be filed.

Same State, Different Jurisdiction

In a case where the company wants to change the registered office within the same state but different from the jurisdiction of one ROC (Registrar Of Companies) to the other ROC, it has to apply for the approval of the Regional Director (RD) in the manner prescribed in form INC- 23 along with the necessary documents such as special resolution. Once the Regional Director confirms this change, it has to file the same confirmation the ROC within 60 days. The ROC shall confirm the change of the address within 30 days of the filing.

Different Jurisdiction, Different State

For shifting office from one state to another the company needs to file a special resolution in MFT 14 with MCA within 30 days also make alterations in MOA and AOA. The company shall publish an advertisement in at least in 1 vernacular newspaper and in an English newspaper not more than 30 days before the date of application to RD. The company then shall file an application to RD. The company has to file the confirmation received from the RD to both the ROC in form INC 22 within 30 days from the date of the order with the required documents.