Change Registered Office of Company

Change Registered Office of Company: An Overview:

Changing the registered office of a company is a common requirement when a business moves to a new location, expands its operations, changes premises, or needs a more suitable business address.

The registered office is the official address for receiving statutory notices and communications. The legal framework governing the change is primarily prescribed under Section 12 of the Companies Act, 2013, read with the applicable provisions of the Companies (Incorporation) Rules, 2014.

The procedure and approvals depend on whether the office is shifted within the same local limits, to another ROC jurisdiction, or to another state. Companies must also file the prescribed forms with the Registrar of Companies (ROC) and comply with applicable approval and documentation requirements.

When Can a Company Change Its Registered Office?

1. Within the same city or town, to another location.
2. From one city or town to another within the jurisdiction of the same ROC.
3. From one ROC jurisdiction to another within the same state.
4. From one state to another, subject to the prescribed approvals and compliance requirements.
5. Due to business or operational requirements, such as relocation, expansion, or change of premises.

Documents Required for Registered Office Change:

The documents generally required for changing a company's registered office include:

1. Board resolution approving the change
2. Special resolution, where applicable
3. Proof of ownership or lease/rent agreement of the new premises
4. No objection certificate (NOC) from the owner, where applicable
5. Recent utility bill of the new registered office
6. Altered MOA, where the change involves another state
7. Regional director approval/order, where applicable
8. Prescribed MCA forms and supporting documents

Registered Office Change Procedure:

The registered office change procedure depends on the location of the proposed office and the applicable requirements under Section 12 of the Companies Act, 2013. The general process is:

1. Determine the type of change based on the existing and proposed office locations.
2. Hold a board meeting and approve the proposed change.
3. Pass a special resolution, where required.
4. Obtain regional director approval if the change involves another ROC jurisdiction or another state.
5. File the applicable forms such as INC-22, MGT-14, INC-23 and INC-28, as applicable.
6. Submit supporting documents.
7. Update the company's statutory records and official documents with the new registered office address.

MCA Forms for Change of Registered Office:

The applicable forms for change of registered office address online are filed through the MCA portal, depending on the nature and location of the proposed change. The company must complete the prescribed filings along with the required supporting documents and approvals.