One cannot easily change the registered office address in India. You have to follow a specific procedure. Now learn more about it!
Registered Office of a Company
Change in Registered Office of Company Procedure: As per the Companies Act, 2013 every company should have a registered office within thirty days from the date when the company started to function. A firm should have an enrolled office at all times until it is functioning. The registered office address is mentioned in the Memorandum of Association (MOA) and Articles of Association (AOA).
The registered office is the department where the firm obtains all the information and heeds delivered to it. It is the authorized office of the firm where it transmits business. The address of the registered office has to be submitted to the Registrar of Companies (ROC).
In case the firm has to alter its registered office it has to fulfill the compliances enacted in the Act and the Companies (Incorporation) Rules, 2014.
Change in Registered Office of Company Procedure refers to the legal process followed by a company to alter the registered office address as mentioned in its official records.
Scenario Under Which the Firm Can Shift the Registered Company
The stakeholders and the committee of directors decide the area of the registered office. Now the partners can agree to shift their registered office address at any time. In some cases, a requirement to shift the registered office area from one place to another may arise due to:
- Companies expect to shift their registered office address when it is growing quickly and the office infrastructure and location do not serve as per the company’s recent situation
- When the company’s office/premises is located on leased property, the committee needs to shift its address by shifting to another office area at the lease
- When a company is planning to investigate new options for business development and thus proposals to change its registered office to a position where it can examine better demand chances
- When another firm is subsidizing the firm, the registered office address will be run to change.
The Compliances for Moving the Office Within the Same City
The compliances for a shift of the registered headquarters of a firm within the regional limits of the exact city, village, or town are as follows:
- The firm will have to conduct a board conference and enact a board resolution for changing the registered office
- Form INC-22 requires to be documented with the ROC within fifteen days of approving the board resolution.
The following documents to be filed with Form INC-22 are:
- No Objection Certificate (NOC) from the proprietor if the bureau is located in a leased/rented area
- Rent/Lease agreement, if the office is located in leased/rented land
- Assurance of evidence of any utility regulations having the office address that is not older than two months.
Requirements for Change of Office Outside the City Under the Same ROC
The compliances for change company address of the firm outer the restricted area of the city or town where it is located but under the jurisdiction of the exact ROC are as follows:
- The company needs to conduct a board meeting and pass a determination or call for an Extraordinary General Meeting (EGM)
- In the EGM, the firm has to enact a special resolution for shifting the registered office
- Form INC-22 and MGT-14 have to be documented with the ROC within 30 days of authorizing the special resolution to shift the registered office outside the regional limits of the city or town which comes under the same jurisdiction of the ROC.
The following documents had to be filed along with Forms INC-22 and MGT-14 are:
- Document of the special resolution
- NOC from the residence proprietor, if the office is arranged on leased/rented land
- Rent/lease agreement, if the office is located in leased/rented property
- Proof of evidence of any utility charges which have been paid having the office address that is not older than two months.
Penalty for Non-compliance Considering Registered Office Provisions Under the Act
A firm must acknowledge all the requirements of the Act. Non-compliance with the conditions of the Act will result in penalties. The firm and every individual in default will be responsible for a penalty of ₹1,000 for every day the default proceeds but not beyond ₹1 lakh
The Change in Registered Office of Company Procedure may vary depending on the type of company, its legal structure, and the applicable laws of the jurisdiction.
Is a Registered Office the Same as a Head Office?
Each company has a main area of the organization that characterizes the identity of the entity and its location of the home. The chief area of industry is named the registered department and when there is a circumstance of partnership or a different company from the chief position, such an address is called its head department. Then there is not much variation between a registered office and the chief office. The business performed in the office would deduce the systems of the office.
How Vakilsearch Can Help in Changing Your Company Address.
The Change in Registered Office of Company Procedure may require the company to publish notices in local newspapers or other media, as per the legal requirements of the jurisdiction. Altering your registered company address or shifting it to a new place involves a lot of legalities and compliances. practically it is tough to meet all the requirements and draft the paperwork for the same. This is where experts at Vakilsearch can help you. Changing company addresses and helping companies in multiple legal spheres is something our experts do on a daily basis. You can count on our experts to help you in changing your company address. Reach out to our experts right now to initiate the process. They will take care of all the paperwork and complete the transmission without any hindrance.
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