Compliances for Change in Registered Office of a Company

According to the Companies Act of 2013 (the "Act"), every company must have a registered office within thirty days of its incorporation. A corporation must always have a registered office while it is still forming. The Memorandum of Association (MOA) and Articles of Association both refer to the registered office (AOA).

All correspondence and notices issued to the company are received at the registered office. It is the company's official office where it does business. The Registrar of Companies ('ROC') must be informed of the registered office's address.

A firm could need to modify its registered office, nevertheless. In this scenario, the business must adhere to the Act's and the 2014 Companies (Incorporation) Rules' (the "Rules") requirements. The compliances that a firm must adhere to under various circumstances are listed below.

Compliances for Office Changes Within a City

The following requirements must be met in order for a corporation within the same city, village, or town to change its registered office:

To change the registered office, the firm must call a Board meeting and adopt a Board resolution.

Within fifteen days after the Board resolution has been approved, Form INC-22 must be submitted to the ROC.

The supporting documentation for Form INC-22

If the office is located on leased or rented property, the owner must provide a NOC (No Objection Certificate).

If the office is located on leased or rented land, a lease or rental agreement.

Any utility invoices with the office address that are less than two months old can serve as proof.

Change of Office Compliance Outside the City Under the Same ROC

The following requirements must be met for a company to shift its registration office outside the city or municipality in which it is located but still fall under the jurisdiction of the same ROC:

A Board meeting must be held by the corporation in order to adopt a resolution requesting the Extraordinary General Meeting (EGM).

The corporation must approve a Special Resolution in the EGM to change the registered office.

Within 30 days of enacting the Special Resolution to change the registered office outside the city/town limits but under the same ROC's jurisdiction, Form INC-22 and MGT-14 must be submitted to the ROC.

The following documents must be submitted in addition to Forms INC-22 and MGT-14:

The Special Resolution in copy form.

If the office is located on leased or rented land, the owner must give their NOC.

If the office is located on leased or rented land, a lease or rental agreement.

Proof of any utility invoices with the business address that are not older than two months.

Get more info, Click on: How to Change Registered Office Address