Change of registered address of a company in India is a major step and requires attention to all the minute details regarding laws and procedure. Be it the growth of your organization, relocation for better accessibility, or exploring new markets, updating the registered address with the relevant authorities is a must.
This process ensures your company remains compliant with the law and that all correspondence, government notices, and legal documents reach the correct location. In this blog, we are going to walk you through some of the required documents for change company address in India.
Whether it is a relocation within the same city or to another state, understanding these requirements will save you time, effort, and unnecessary complications.
List of Documents Required for Address Change
When any entity intends to change its registered office address in India, it has to file certain documents with the ROC for compliance purposes. The set of documents ensures legal compliance and proper record of the updated address of the office. Following are the main documents that have to be filed with the ROC:
Proof of Identity and Address of Directors
- Key Terms: director identity proof, address proof of directors, PAN card, Aadhaar card for directors, director verification documents
The first and foremost thing to be taken care of during the relocation process of the registered office of a company is identification and address proof of the directors. These documents identify the authenticity of the people liable for the company.
Required Documents:
- Director’s PAN Card: A PAN card acts as an important identity proof for the directors.
- Aadhaar Card: It gives additional identity and address verification for the directors.
- Voter ID/Passport/Driving License: Any of these can be provided as additional identity proof, if needed.
- Utility Bill or Bank Statement: A recent utility bill or bank statement (not older than two months) also serves as valid address proof.
It is very important that these documents are updated and correct because any discrepancy in this regard may lead to delays in the process. In addition, all copies are to be self-attested by the directors for submission.
Copy of Latest Financial Statements
The financial status of the company is another significant factor that is taken into consideration during the change of address. Filing the most recent financial statements denotes the stability of the company.
Required Documents:
- Balance Sheet: A copy of the latest audited balance sheet proves the financial status of the company.
- Profit and Loss Account: The statement of profit and loss authenticates the financial transactions and activities of the company.
- Bank Statements: Some authorities may also request recent bank statements as support for financial documentation.
- Auditor’s Report (if applicable): If your company accounts are subject to auditing, attach the latest auditor’s report for further validation.
These financial documents not only ensure transparency but also help confirm that the address change request is being made by an active and compliant company.
Authorization Letter for Filing Forms on Company’s Behalf
An authorization letter is an important document that is required when one appoints a representative to handle the formalities of the address change process on behalf of the company. This document ensures that the person or entity filing the forms has the company’s official consent.
Key Components of the Authorization Letter:
- Details of the Authorized Representative: Name, designation, and contact information of the person or entity authorized to act on behalf of the company.
- Statement of Authorization: Statement of authorization in clear terms, concerning the responsibility for filing the address change forms with the RoC.
- Company Details: The name of the company, CIN (Corporate Identification Number), and the address of the Registered Office.
- Signature of the Authorized Signatory: The letter should be signed by a director or any other officer of the company duly authorized in this behalf, affixing the seal of the Company.
This document is used as a substitute for the company in the administrative procedure, making sure that the representative has the proper permissions to act lawfully on the company’s behalf.
Certificate of Incorporation (for Verification)
The Certificate of Incorporation is the basic document for proof of legal existence of the company. It is sometimes required to prove the identity of the company during the process for changing the address.
Key Applications of Certificate of Incorporation:
- Company Verification on Registration: It authenticates and confirms that the company was registered under the MCA.
- Existing Details Validation: It helps in verifying the currently active registered address and all the details associated with the company.
- Legal Documentation: It is an essential part of the legal record for any change in the company’s information.
Requirements for Filing:
- Certified Copy: A certified true copy of the Certificate of Incorporation has to be filed.
- Self-Attestation: If necessary, the document should be self-attested by a director or an authorized signatory.
- Clarity: Ensure the document is clear and free from damage or missing details.
By attaching the Certificate of Incorporation, companies can give solid proof of their legal existence for easy verification of the change of address.
Altered Articles of Association (AoA) (if applicable)
In some instances, the alteration of a company’s registered address requires the AoA of the company to be amended. The AoA is the constitution of the company, providing all the rules and regulations. Any substantial alteration, such as changing the registered address to a different jurisdiction or state, would generally require the AoA to be updated.
When Does the AoA Need to Be Amended?
- Interstate Address Changes: Usually, the change of the registered office from one state to another requires an alteration in AoA.
- Jurisdictional Changes: The relocation of the registered office may even affect the jurisdiction of the company, and hence this may also be a ground for alteration.
Prerequisites for Filing Modified AoA:
- Special Resolution: The change must be approved through a special resolution passed in the general meeting of the shareholders.
- Amended AoA: The AoA has to be filed with the changed registered office address.
- Filing with the RoC: The altered AoA has to be filed with the Registrar of Companies, along with supporting forms like MGT-14.
Conclusion
In India, the process for changing the registered address of a company is quite complex and requires meticulous attention to detail, strict adherence to the law, and submission of proper documents. Be it identification proof of the directors, financial statements, authorization letters, alteration in Articles of Association, if required; all are important for smoothly executing the process.
The steps mentioned above and adherence to guidelines by the RoC ensure that no delay or penalties are faced. Being proactive with respect to documentation not only helps in smoothly changing the address of the company but also contributes towards the compliance record of the company for easier operation and stakeholder confidence. Proper planning and adherence to legal protocols are the keys to successfully updating your company’s registered office address.
FAQs on Documents for Change Company Address
What are the primary documents required to change a company’s official address in India?
The primary documents include:
- Proof of identity and address of the directors (e.g., PAN card, Aadhaar card, utility bills).
- A certified copy of the Certificate of Incorporation.
- The latest financial statements, including the balance sheet and profit & loss account.
- An authorization letter for filing forms on behalf of the company.
- If applicable, altered Articles of Association (AoA).
Which document must be attested if a company wishes to change its registered office address?
Several documents may require attestation, including:
- Identity and address proof of the directors.
- Certified true copy of the Certificate of Incorporation.
- Authorization letter for filing.
- Altered AoA, if required, along with a copy of the board resolution authorizing the changes.
Is a board resolution necessary for changing the registered office address?
Yes, a board resolution is mandatory for changing the registered office address. It serves as formal approval from the company’s board of directors to proceed with the address change. In some cases, a special resolution passed by shareholders may also be required, especially for interstate address changes.
What are the consequences of not submitting the required documents for an address change?
Failure to submit the required documents can lead to:
- Rejection of the address change application by the RoC.
- Legal penalties or fines for non-compliance.
- Delays in official correspondence and regulatory updates.
- Possible reputational damage due to perceived negligence.
How long does the process of changing a company’s address take after submitting the necessary documents?
The time frame can vary depending on the complexity of the address change:
- For changes within the same city or jurisdiction, the process usually takes 7-15 business days.
- For interstate address changes, it may take 15-30 business days or longer due to the requirement of Central Government approval and filing additional forms.
Proper preparation and timely submission of all documents can significantly reduce processing time and ensure a smooth transition.
