A company or an LLP needs to have a registered office within 30 days of its incorporation. Section 12 of the Companies Act 2013, has made the establishment mandatory. The Ministry of Corporate Affairs must be aware of the registered office’s address. It is highly important as it will serve as the mode of communication between the ROC and the Company. Though, the disclosure of other offices held by the company is not mandatory.
The ROC must be notified if there is a change of registered office. The address of the registered office acts as a domicile of the company. During the incorporation process, a company must submit the registered office’s; electricity bill, water bill, rental or lease agreement between the landlord and the company. In the case, if the company is not sure about the registered office address it has the option to provide a temporary address.
After the incorporation, a situation may arise that the company has to change the official address of the registered office. A change of address may be within the same city, within the same state and ROC, a different ROC in the same state, intrastate.
Change in the same State
To change company address, the corporation has to file a form INC22 with the MCA within 30 days after a resolution has been passed by the board. The rental agreement, NOC from the owner must be attached along with the form.
Change in the registered office within the same state and ROC
Form INC-22 and MGT-14 must be filed after the passing of a special resolution in EGM. It must be filed within 30 days of the date of the resolution. The documents attached to the form are the same as mentioned above.
Change of office in the same state but a different ROC
This situation arises when the state has more than one ROC. The process of implementing such a change is different.
Intrer state change ( From One State to Another State)
In this case, an advertisement must be for shifting the office not more than 30 days before the date of application to the regional director. It must published in a local and an English newspaper as well. A notice must also be sent to the creditors and debenture holders about the change and the application to the regional director should be filed for the shifting of the registered office. The order will be passed by the central government if no objection is raised, after which the company needs to file form INC-22 TO THE ROC along with the required documents.
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