CHANGE OF REGISTERED ADDRESS
Change of Registered Office of a Company– Registered Office of a Company implies a position of business being equipped for getting and recognizing the correspondences and taking notes. The Companies Act, 2013 has compulsorily made for every one of the companies to have their Registered Offices and the equivalent area should be in the Registrar of Companies (RoC) information including any progressions assuming any made thereto.
A Company may all alone move its Registered Office form one spot and then onto the next by following the provisions of the Companies Act, 2013. It can do so either inside the same city, or same state, or form with one state and then onto the next.
REASONS BEHIND CHANGE IN `REGISTERED OFFICE OF COMPANY:
Any company can change its registered address of the company whenever. The following are a few explanations behind the change in address
- Space Imperatives
- Expiry in existing Lease and wanting to rent somewhere else
- Expansion in Labour supply
- Moving from a Brief business spot to a Permanent (own) Business place
- Moving to somewhere else for investigation of new market
- Acquisition or consolidation of business
PROCESS FOR THE CHANGE OF THE `REGISTERED OFFICE OF THE COMPANY ADDRESS:
We should go through the methodology that should be followed during the change of the `registered office of the company address as presented in the Companies Act, 2013:
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Change of the registered Office within the Local Limits of the City-
Following is the system is followed, in the event of any change of the registered office of the company address from one place to another within the territories of the same state:
- A board meeting is directed and decides on the equivalent;
- An up-and-comer or a candidate is expected to record Form INC-22 with the Registrar of Companies and in something like fifteen days from the date of passing the resolution.
Documents expected with Form INC-22:
- Submit a copy of the present address of the registered office of the company;
- Submit the latest copy of utility bills such as electricity bills, water bills, phone bills, etc.;
- No Objection Certificate (NOC) about the use of Premises procured from the owner.
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Change of the registered office within the same state and ROC-
To move the `registered office form from one city to another within the same state and ROC, then a company needs to take consent from the shareholders. The interaction is as under.
- A company needs to arrange a board meeting and pass a resolution to assemble the extraordinary general meetings.
- By passing a Unique resolution in EGM, one can change the registered office.
- The company needs to record the forms INC-22 and MGT-14 with MCA. It should be recorded in no less than 30 days from the date of the resolution.
- The documents to be joined are a special Resolution, Service bill for work locale confirmation, NOC from the proprietor and lease understanding on the off chance that the spot is leased.
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Change of the registered office to another ROC in the same state-
With the utilization of a special resolution, a board resolution, and the Regional Director’s approval
- Within 30 days of the Special Resolution, record Form MGT-14.
- By finishing and submitting Form INC-23
- Necessities to submit Form INC-28 Within 60 days after the Regional Director’s order
- By submitting Form INC-22 Within 30 days of the Regional Director’s order
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Change of the registered office form from one state to another state-
Here, the registered office is moved from one state to another. Subsequently, the procedure is somewhat different from others. Further, the MOA of the company is to be adjusted because the condition of the `registered office changes.
- Hold a board meeting and pass a resolution to assemble an extraordinary general meeting.
- Pass a Special resolution in EGM for moving of office as well concerning the change of MOA and document the resolution MGT-14 with MCA in 30 days or less.
- The company shall publish an advertisement for shifting of office not over 30 days before the date of application to RD. It should be distributed to some extent in 1 vernacular paper and an English paper.
- Record an application for moving the `registered office to Regional Director alongside the specified documents.
- On the off chance that any complaint is gotten, there will be a meeting with the focal government and the vital request will be passed.
- Ifat the company gets no protest then the request will be passed with next to no consultation.
- The company needs to record the affirmation got from the RD to both the ROC in something like 30 days from the date of the request.
- Record form INC-22 to ROC for moving of office in the span of 30 days from the receipt of the affirmation from RD with the necessary documents.
COMPLIANCES AFTER ROC APPROVAL FOR CHANGE IN REGISTERED OFFICE:
The compliances that a company needs to trail closely behind changing its `registered endless supply of endorsement of ROC are as per the following:
- The company can give a general notification via promotion in a paper illuminating every one of the individuals and partners about the difference in the company’s registered office.
- Printing of new MOA and changing the location of the company’s registered office beyond each office, building, and so forth, where it carried on the business, in decipherable letters and prominent position.
- Substitute the old location imprinted on all business letterheads, letters, solicitations, billheads, receipt forms, and other authority distributions with the new location.
- Update the new `registered office address with every one of the banks and monetary establishments where the company is having financial balances.
- Record application with the Annual Expense Expert for refreshing the company address in TAN and PAN.
- Update the company’s new location with its utility specialist co-ops like phone and web associations, power suppliers, and so on, in the company name.
- Update the company’s new address with government authorities like Customs Authorities, Central Excise Authorities, Service Tax Department, and Sales Tax Authorities.
PUNISHMENT FOR NON-COMPLIANCE REGARDING REGISTERED OFFICE PROVISIONS UNDER THE ACT:
A company should conform to every one of the provisions of the Act. Non-compliance with the provisions of the Act will draw in punishments. The company and each individual in default will be responsible for a punishment of Rs.1,000 for each day the default goes on however not exceeding Rs.1 lakh.