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Section 12 of the Companies Act of 2013 states that all businesses, including LLPs, must have a registered office at the time or within 30 days of registration. The primary place of business for a corporation or LLP is its registered office address. The Ministry of Corporate Affairs (MCA) sends formal letters to that location. Therefore, the RoC or MCA must be notified of any change in registered office’s address.
A business may have several locations, including a corporate office, a branch office, an administrative office, and much more. However, the MCA should only be informed of the registered office address. There is no requirement to notify the RoC or MCA about the formation or modification of the address of the company’s additional offices.
All the required paperwork along with Form INC-22 has to be filed every time the registered office alters its business address. All the list of documents has to be verified by the registered office.
The following documents have to be submitted without fail.
In all of the aforesaid circumstances, papers of the utility should be documented. The address that serves as the company’s registered address must also be included in the bill along with the firm name. 2 months is the major period provided for filing and should not be crossed. Gas, electricity,phone bills, board resolutions and special resolutions must be adopted.
The board members should pass a resolution to permit the director’s authorisation to move the company to a property owned by the director.All the paperwork should be submitted along with Form INC-22. Subsequently, the MCA will initiate the change in registered office of company.
A company needs to change company address in all the required places.The PAN, TAN, and bank accounts, along with all other registrations, licenses, and changes to each MOA should all be updated with the new address.
Under different circumstances, an organisation can decide to change its functioning address. However, in this situation, it is mandatory to follow a proper procedure. The overall procedure to alter a company’s official address is clearly described by the Ministry of Corporate Affairs (MCA). It is crucial to follow the same procedure to avoid any penalties. Address changes are broadly classified into four different types. The process for each type varies optimally.
In this scenario, the MOA of the company completely changes.
Compliances for changing a company’s registered office within the same city, village, or town are as follows:-
Compliances for a change in registered office of a company outside of a city or town where it still falls under the jurisdiction of the same ROC are as follows:
Compliances for changing a company’s registered office outside of city limits but under the jurisdiction of another ROC within the same state are as follows:
At least one month before applying for Regional Director, the company should publish a public notice in the newspaper about the change of registered office
All debenture holders, creditors, and depositors should be individually notified by the company. So that if their rights are violated, they can notify the Regional Director. This notification should be made within 21 days of receiving the notice
Following the publication of the notice, the company may apply to the Regional Director using form INC-23.
If the Regional Director is satisfied, he will issue confirmation within 30 days of the application’s receipt
Within 60 days, the Company must file such confirmation with ROC
Within 30 days, ROC will also issue a confirmation for the change of office
The order from the ROC will serve as confirmation that all of the provisions of the act have been followed.
Compliances for changing a company’s registered office from one state to another are as follows:
The registered office address is important for a company or business entity as it serves as the official address of the company where all the official communications and legal notices are sent by the government authorities, regulatory bodies, and other stakeholders. It is also the address where the company keeps its statutory records, such as books of accounts, registers, and other important documents. Moreover, the registered office address is used for the purpose of determining the jurisdiction of the company and for the service of legal process. Thus, having a valid and updated registered office address is crucial for the smooth functioning and compliance of a company.
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Answered by our experts
The three common circumstances under which a company changes its registered company office is as follows:
Not necessarily. The head office is where the documentation and other crucial aspects of the company are initiated. This is the permanent address that is registered with the MCA while starting a business. On the other hand a corporate office is where the prime management is located. It functions on operations and how to run a business.
No, it is not mandatory to give an advertisement in the newspaper when changing the registered office address within the same ROC.
A company can change its registered office address under various circumstances such as change in the place of operation, convenience of management, expansion plans, and change in the state or jurisdiction.
Yes, the permission of shareholders is required to change the registered office address. The change in the registered office address requires passing a special resolution in the general meeting of shareholders.