Compliances for Change in Registered Office of a Company

Changing the registered office address of a company requires careful consideration and adherence to specific compliance procedures. The registered office serves as the official address for a company, and any change must comply with legal requirements and regulations. Go through the entire page to know about the compliances for change in the registered office of a company in a private limited company.

There are some mandatory compliances for change in the Registered office of a company which are required to be filed with ROC within 30 days of change in Registered Office Address. It is important to give notice to the ROC for the change in registered office address and update it with the Registrar of companies.

There can be some instances when the company is required to change its registered office address due to various reasons. Professional Utilities can help you in filing necessary forms required for compliances for change in registered office address of a company. Get to know more about types of changes in registered addresses along the process of filing important forms.

The possible combinations of change in Registered Office of a company are listed below:

• Change in Registered Office within the same city.
• Change in Registered Office within the same state and with the same ROC.
• Change in registered Office within the same state but with different ROC.
• Change in the Registered Office from one state to another.

The mandatory compliances for change in registered office will be done based on the above mentioned changes.

The process to be followed when the company plans to change the registered office address outside the local region within the same state but with a different ROC(Registrar of companies), is:

• A Board Meeting has to be arranged to pass a resolution for the change in the registered office of the company after an extraordinary General Meeting is held.
• After the resolution has been passed in the General Meeting, Forms INC-22 and MGT-14 have to be filed with MCA within 30 days of meeting.

The required documents to be attached along with the above mentioned forms are Utility bills such as address proof of the company, NOC from the property owner and rent agreement with the new address.

• A Board meeting has to be convened to pass the resolution for Extraordinary General Meeting.
• After the Board meeting the company should file
• The form MGT-14 has to be filed within 30 days of the board resolution being passed to change the registered address.
• After this, the company should file Form INC-23 to the regional director to take approval for shifting the registered office address from the jurisdiction of one ROC to another.
• Within 30 days of the change in the registered address of the company, it should publish it in the regional English newspaper in which the office is registered.
• Serve individual notices to each stakeholder of the company such as creditor, shareholder, debenture holder etc.
• When the regional director does not receive any objection, a confirmation notice has to be communicated within 30 days.
• After this, the company shall file form INC-22 within 60 days of receiving confirmation from the regional director.

Documents that need to be filed along with the form INC-23 are:

• Copy of Board resolution for changing the address of registered office.
• A declaration by any two director or key managerial positions describing the payment of all dues to the creditors.
• An acknowledged copy was made to the chief secretary of the state regarding the change in address of the registered office.

The mandatory compliance for change in registered office address from one state to another is as follows:

• The company needs to conduct a Board meeting calling for an Extraordinary General Meeting to alter the MOA of the company.
• In the EGM, it is required by the company to pass the resolution for change in registered office address from one state to another.
• Within 30 days of passing the resolution for change in address of the registered office, Form MGT-14 has to be filed with ROC.
• To obtain approval from the central govt to shift office from one state to another, the company must file Form INC- 23 to the regional director.
• When the central govt approves the change of registered office, Form INC-22 has to be filed with ROC within 60 days of approval.
• Post approval from the govt, Form INC-28 has to be filed with ROC of both the states.

Documents to be submitted along with Form INC-23:

• A copy of MoA with the proposed alterations.
• Copy of the important points in the meeting.
• A declaration signed by at least two directors or CS of the company stating that no amount is due to the creditors.

The list of compliances to be followed by the company after receiving approval from the ROC are:

• The company can issue a general notice in the Newspaper, stating the change in registered office address of the company.
• Printing of new addresses everywhere and preparation of new MoA.
• Substitute the Letterheads, Bill books having old addresses with the New Address.
• Update the new address with all the bank accounts.
• File mandatory application with the Income Tax Department for changing the new address in the PAN and TAN.
• Update company’s new address with all the concerned government authorities.

There are some mandatory compliances to be followed to change the registered address of a company. The filing of all the necessary forms mentioned above with the registrar of companies. The change of registered address is a very important event based compliance in companies. Therefore proper process must be followed by filing all the mandatory documents and forms to change the official address of the company to a new address.

Professional Utilities can help you in changing the registered office address of your company from anywhere in the country. Just contact our team to discuss further steps.