Change the official address of your business within the city
Usually, a registered office is located where most of the stakeholders reside. The only reason is for their convenience. It is for the certified office and requires it to be changed to another place on behalf of better administration of the company. The shifting can be within the local limits of the same city, outside the local limits within the same city, from the jurisdiction of the present ROC (Registrar of Companies) to control another ROC and sometimes, from one state to the other state.
Registered office refers to the standard correspondence address of the company or its principal place of business. The address of the registered office will be used for all official communication with the company. In the course of business, the company may be required to change its registered office address from one location to another location, outside the city limits within the same state, by establishing Board Resolution and General Meeting Resolutions, and filing address change documents with the Registrar of Companies.
Benefits of changing the official address of the business within the city
- When the official address of a company shifts to a location within the city, it provides for a fresh start.
- With a new place, everything will seem fresh and exciting.
- A chance to build a new life.
- Explore new experiences
Checklist requirements for changing the address of the company
- New address to be identified.
- Execute a rent/lease agreement with the landlord.
- Obtain NOC from the address owner.
- Board meeting to pass resolutions.
- Complete an E-lawyer interview.
- Filing INC-22 with ROC.
What is the process for changing company address within the city
- Identify the new address for the company - A new address to be identified for setting up the company in a new location.
- Board meeting - Arrange a board meeting and pass a resolution for approval to change the address and for the convening of the general meeting of shareholders for shifting the registered office.
- General Meeting - Conduct the general meeting and pass a resolution for shifting the registered office.
- Filing resolutions and form INC-22 with ROC - Provide the minutes of the meeting and get the method/documents vetted by professionals like CA/CS, and file Form INC-22 verified by an expert, with the ROC within 30 days of changes.
- Publication of the notice in the newspaper - Publish a notice in Form No. INC 26, at least once in a newspaper, in the vernacular language of the district, in which the certified office of the company is located. And at least once in English newspapers circulating in that district.
- Prepare a schedule of creditors and debenture holders and suggest them accordingly -
- The list is expected to be filed with the application.
- The list should be properly verified by an affidavit.
- The list should be verified by the statutory auditor of the company.
- The list should not precede the date of filing the petition, by more than one month.
The list should contain the following information;
- The names and addresses of every creditor and debenture holder of the company.
- Nature and corresponding amounts due to them, concerning debts, claims or obligations.
- Determine the list of employees - The application on affirmation from the directors of the company, that no employee shall be saved as a result of changing the registered office from one state to another state.
- Prepare the list of applications of all relevant annexures to be filed with the regional director for seeking approval of the shifting of the registered office from one state to another.
- Send a copy of the application with perfect annexure to the chief secretary of the state where the registered office is located, at the point of using the application and receiving the acknowledgment for sending the notice.
- A petition is filed along with the documents, that should be serially added, and a scanned copy of the petition is filed in Form GNL-2 with the Registrar of companies.
- Power to inspect - A duly validated copy of the list of the creditors shall be held at the registered office of the company and any person wishing to examine the identity, may at any time inspect and take extracts of the same on payment of a sum not exceeding ten rupees per page.
- Objection if any - If there is an objection, the central government will, before passing any order, ensure that the company has either obtained the consent of the person who had objected to the alteration or request has been discharged or has been determined, or ensured to the fulfillment of the central government.
Documents required for changing the address of the business to the city
- There must be a copy of the Memorandum and Articles of Association.
- A certified accurate copy of the Board Resolution.
- A copy of the notice convincing the general body meeting, along with the relevant explanatory statement.
- Copy of the special resolution approving the change by the members of the company.
- A copy of the moments of the general body meeting at which the resolution approving such change was passed, providing details of the number of votes cast in support or against the resolution.
- An affidavit verifying the application.
- The list of creditors and debenture holders designated to object to the application.
- An affidavit supporting the list of creditors.
- The document relating to the payment of the application fee.
- Copy of newspaper advertisement.
- Affidavit by company director verifying the non-retrenchment of employees.
- Affidavit verifying the publication of newspaper notice.
- The Memorandum of appearance and board resolution authorizing the company secretary.
- The copy of board resolution or Power of Attorney.
- An affidavit verifying the list of employees.
- Copy of the latest audited balance sheet, profit and loss account of the company, along with the auditors and the director’s report.
- Affidavit proving the dispatch and service of the notice, of the chief secretary.
- Board resolution sanctioning the director to present the petition.
- Form MGT-14 along with the paid challan. The hard copy of the petition is to be submitted with the concerned regional director’s office.
Additional Supporting documents required for a new address is
- Proof of new address in the name of the owner.
- Rent/lease agreement
- NOC (No Objection Certificate) from the address owner
- Board and general meeting
- Notice of board meeting
- Board meeting attendance sheet
- Minutes of the board meeting
Form INC- 22
- Copy of Resolution for filing with ROC
- Address proof and NOC
- Certification by professionals
- Filing of Form INC-22 with MCA
FAQs on Change the official address of your business within the city
Shifting within the same state is easy as it only needs the approval of the board of directors or shareholders, and filing documents. If the registered office moves from one state to another, it needs the approval of the regional director.
The registered office connects to the official correspondence address of a company or the principal area of the business. The address of the certified office will be practiced in all its official communication. And, the registered office of a company can be shifted or changed from one place to another after complying with the legal requirements. Moreover, the company shall affix the name and address of its registered office outside every office or place of business in a prominent way.
The registered office can be shifted upon approval by the board of directors within the city, and to a different city, by shareholders. If the company shifts outside the state, it needs the approval of the regional director.
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