REGISTERED ADDRESS CHANGE:
As per section 12 of the Companies Act 2013, a company is to have a registered office from the fifteenth day of its incorporation to be able to receive and acknowledge all communication and notices that are addressed to it. Further, verification of the registered office must be furnished to the Registrar within a period of 30 days of company incorporation.
Rule 27: Notice and verification of change of situation of the registered office
The notice of change of the situation of the registered office and the verification of the same shall be filled in form INC 22 along with the prescribed fees and shall be attached to the form above. The documents and the manner in which they are to be verified are mentioned in the terms of sub-section (2) of section 12. To verify the registered office of the company, the documents are to be attached in the prescribed format with the form INC- 22 both for giving intimation of the registered office at the time of incorporation and any time there are changes in the registered office.
Required Documents:- (All copies of documents should be self attested by the customer)
1. In case the registered office owned by the company itself, the conveyance deed of the property in the name of the company is required.
2. In case the registered office is taken on lease/rent by the company, the lease deed or the rental agreement and rent receipts (in case of rental) is required. The rent receipt cannot be older than one month.
3. In case the office is owned by the director or any other persons and the premises are not on lease by the company, the company needs to attach proof that the company is permitted to use the place as its registered office. This may be in the form of a ‘No Objection Certificate’ from the owner.
Copies of the utility bills mentioned below need to be attached in all the above cases. These bills should bear the name of the company along with the address that is to be used as the registered address of the company. These should not be more than 2 months old.
- Mobile phone bill
- Telephone bill
- Electricity bill
- Gas bill
Change of Registered Office with a Different ROC but Same State
In case the company wants to change the registered office from the jurisdiction of one ROC to the other ROC, it has to apply for the approval of the Regional Director (RD) in the manner prescribed in form INC- 23. Once the Regional Director confirms this change, it has to file the same confirmation the ROC within 60 days. The ROC shall confirm the change of the address within 30 days of the filing.
Change of Registered Office to Another State
The company needs to attach the Memorandum of Association to change the registered office from one state to another. A special resolution needs to the be passed by the company for alteration of the MOA. This resolution needs to be filed with the ROC in form MGT-14 within 30 days of the resolution being passed. To change the registered office from one state to another, the company needs to get the approval of the CG in form INC- 23. The documents to be attached along with the application in form 23 are mentioned below.
- A copy of the special resolution sanctioning the alteration by the members of the company.
- A copy of the memorandum and articles of association
- A copy of the notice convening the general meeting along with a relevant explanatory statement.
- A copy of the minutes of the general meeting wherein the resolution authorizing the alteration.
- A list of creditors and debenture holders.
- A copy of board resolution or Power of Attorney.
- Document relation to the payment of application fee.