The time frame for changing a company's registered office varies by city, ROC, and state. The time frame depends upon the company's operations and the time taken to file the documents.
Change in Registered Office
How Long Does It Take to Change a Company Address, A company’s registered office is the place where all business-related communications take place. A company may own several separate offices, such as an administrative office, a corporate office, a branch office, a warehouse, and a factory, but a registered office is a place where all business commences. The company must, however, register its registered office with the Ministry of Corporate Affairs. Promoters of the company are the members who decide on the location and place where the registered office is to be held depending on various factors. Once a registered office is formally declared by filing an INC 22 form, any modifications or alterations to the company’s registered office location must be disclosed to the ROC.
The company’s domicile is determined by the company’s registered office. The Registrar of Companies, or ROC, is also determined by the location of the company’s registered office. Any change to the company’s registered office address must be reported to the Registrar of Companies (ROC) within 15 days.
Types of Changes in Registered Office
After a period of time, a company may wish to change its registered office. A company’s registered office must be changed with advance notice. The MCA has specified processes for changing a company’s address, which must be followed by the company.
Types of changes in the address of the registered office
- Within the same city
- Within the same state and with the same ROC
- In the same state but with different ROC
- Changing from one state to another.
Change in the Registered Office Within the Same City
Within the same city, changing a company’s registered office takes 2 to 3 days. Changing the registered office in the same city is a simple process.
- Firstly, the company must call a board meeting and pass a resolution
- The MCA requires the company to file a form INC -22. It must be filed within 30 days of the board resolution being passed
- Attach the utility bill for proof of business address, the owner’s NOC, and the leasing agreement if the space is rented.
Change of Registered Office Outside the City Under the Same ROC
The time taken to change a company’s registered office from one city to another and under the same ROC is 3 to 4 days. The company must first fill out Form INC-23 and submit it to the regional director for permission. Within 60 days of the regional director’s confirmation, the identical confirmation must be filed with the ROC. The ROC must validate the change of address within 30 days of filing.
Change of Address in the Same State but Different ROC
It takes 30 to 35 days to change a company’s registered office from one city to another but under a different ROC. In large states like Maharashtra and Tamil Nadu, there are two registrars of companies. At times it may happen that when the address of the company is changed the ROC also changes. Hence, there is a different procedure when such change happens.
Change of Address in Another State
It takes between 30 and 40 days to change company address office from one state to another. The procedure for changing the registered office from one state to another differs from others. The company’s memorandum of association (MOA) changes as the registered office address changes.
- A board meeting must be held and a resolution to convene an extraordinary general meeting must be passed
- The EGM will pass a special resolution regarding the change in the registered office address as well as the modification of the MOA. The MCA must receive the resolution in MGT14 within 30 days
- Not more than 30 days before the date of application to the regional director, the company must post an advertisement for moving the office. It should appear in both a vernacular and a regional newspaper, as well as an English newspaper
- If applicable, the company should also send notice to creditors and debt holders, as well as other regulatory organisation
- To change the registered office, submit an application to the regional director, along with the required documents
- If an objection is received, a hearing with the central government will be held, and required instructions will be issued. If there are no objections, the order will be passed without a hearing
- The company must file the confirmation received from the RD to the ROCs within 30 days of the date of the order
- It is important to file form INC-22 with the required documents to the ROC within 30 days.
Conclusion
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