Change in Registered Office Address

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    Overview

    Change of Registered Office Address. 

    In India, every company registered under the Companies Act, 2013 must have a registered office address, which serves as its official communication address. Any change in this address must be reported to the Registrar of Companies (ROC) following specific legal procedures.

    There are different types of address changes: (1) within the same city or town, (2) from one city to another within the same state and ROC jurisdiction, (3) from one ROC jurisdiction to another within the same state, and (4) from one state to another. Each type requires different levels of documentation and approval, ranging from just board resolutions to approval from shareholders and even the Regional Director.

    To change the registered office, the company must file e-Form INC-22 with the ROC within 30 days of the change, along with supporting documents such as utility bills, NOC from the premises owner, and a board resolution. For inter-state changes, Form MGT-14 and Form INC-23 may also be required.

    This process ensures that the company’s updated address is officially recorded, enabling smooth communication with regulatory authorities. Non-compliance may lead to penalties, making it crucial to follow the correct procedure while changing the registered office.

    Eligibility

    In India, the following entities are eligible to apply for a change of registered office address:yathrafin.com

    These entities must adhere to the procedures outlined in the Companies Act, 2013, and the Limited Liability Partnership Act, 2008, as applicable. The process varies based on the nature of the change—whether within the same city, across cities, or between states—and may require approvals such as board resolutions, special resolutions, and, in certain cases, confirmation from the Regional Director or the Central Government. Timely filing of prescribed forms like INC-22, MGT-14, and INC-23 with the Registrar of Companies (ROC) is essential to ensure compliance.

    For changing the Registered Office Address of a company in India, the required documents generally include the following:

    1. Board Resolution

    • A certified copy of the Board Resolution approving the change of registered office address.

    2. Special Resolution or Ordinary Resolution

    • If the change involves shifting the registered office from one state to another, approval by the members through a Special Resolution passed in a General Meeting is required.

    • If the change is within the same state, an Ordinary Resolution may be sufficient (check applicable rules).

    3. Notice of General Meeting

    • Copy of the notice sent to members informing them about the meeting to approve the change.

    4. Proof of New Registered Office Address

    • Rent agreement, lease deed, or ownership documents of the new office premises.

    • Utility bill (electricity, water, gas, or telephone) as address proof.

    5. Consent of Landlord

    • If the office premises are rented, a no-objection certificate (NOC) or consent letter from the landlord.

    6. DIR-12 Form

    • Form DIR-12 filed with the Registrar of Companies (ROC) for filing details of the new registered office.

    7. MGT-7 and INC-22 Forms

    • INC-22 (Notice of situation or change of situation of registered office) filed with ROC.

    • MGT-7 (Annual Return) may also reflect the new address in the next filing.

    8. Affidavit by the Company Secretary or Director

    • Affirmation or affidavit confirming the change of registered office address.

    Additional Notes:

    • If the new registered office is in a different state, the company must file a petition with the Regional Director (RD) and get approval before filing with ROC.

    • All filings must be done within the prescribed time limits under the Companies Act, 2013.

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