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Change in Registered Office
The registered office is an official address where a company is incorporated or registered. Section 12 of The Companies Act, 2013 makes it mandatory for every company to maintain a registered office at all times and in case of changes the same should be reported to ROC by filing form INC-22 within 30 days of such change. Except for change within the city you need to take prior approval from ROC or RD. The registered office of the company may be shifted from one place to another by following the procedure as prescribed in the Companies Act and Rules made thereunder.
ComplianceIndia helps you with the simplest way to Change your Registered Office.
Scenarios of Change in Registered Office
There are four scenarios which are possible while dealing with the change of the registered address of the company.
1. Change Within Local Limits of City: 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.
2. One City to Another Within Same ROC: 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.
3. From Jurisdiction of One ROC to Another: 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.
4. From One State to Another State: For shifting office from one state to another the company needs to file a special resolution in MGT 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.
Forms needs to be filed for Change in the Registered Office of Company. (Depends on the Scenarios of Change in Registered Office)
– E Form INC – 22
– E Form MGT- 14
– E Form INC – 23
– E Form INC – 28
How we Work?
Documents Required for Change in the Registered Office
Our charges for change in Registered Office address starts from Rs. 1,999/-.
Frequently Asked Questions
1. Can a registered office be a residential property?
Yes, There is no compulsion for a registered office to be a commercial property. A residential or commercial address can be provided.
2. Do you need the permission from shareholders to change the registered office address to another location in the same city?
No, companies that are relocating to another location in the same village, town or city limits do not need the permission of their shareholders or any other authorities. However, to do so, they must notify the Registrar of Companies of the changes, via the e-Form INC-22.
3. Whether change in office requires alteration of MoA?
Changing your business address does not require the alteration of MoA, as far as the proposed registered office is situated within the same State. If the office is shifted to other State, situation clause that refers to State must be altered.
4. Do i need to seek any approval from central government before changing the registered office of the company?
For change in the registered office of the company within the same city there is no requirement of any prior approval from the central government, however the board of directors must approve such changes and the company should file Form INC-22. However in case the shifting of the registered office is from one state to another then prior approval of the regional director having jurisdiction is required.
5. How to intimate about change of registered office to the ROC?
The change in the ROC has to be intimated to the registrar of companies by filing form INC-22, with which supporting document in the form of the ownership papers/Rent agreement and NOC from the owner is attached. The Form INC-22 must be attested by a practicing Chartered Accountant or Company Secretary or a Cost and Management Accountant.