Revamp Your Corporate Identity with Company’s Registered Office Change Services
Experience a transformational shift in your company’s registered office with our expert legal compliance service. From meticulous document preparation and ROC approval to strategic newspaper publication, our team streamlines the whole journey.
* Excluding Govt. Fees
Overview
Every Company registered under Indian Companies Act must have an official address which is recorded with Ministry of Corporate Affairs as Registered Office of the Company. However, corporates can change their registered address if the need so arises like Increase in rent of existing office, shifting to bigger premise for expansion, expanding business to other state etc.
Advantages of Changes
Advantages of Change in Registered Office Address
- When the official address of a company shifts to a location within the city, it provides for a fresh start.
- With a new place, everything will seem fresh and exciting.
- A chance to build a new life.
- Explore new experiences
Type of Changes
- Change within local limit of city, town or village
- Change outside local limit of city, town or village within same ROC and State.
- Change in ROC within the same state
- Change in state within jurisdiction of same ROC
- Change in state outside the jurisdiction of existing ROC
Essentials Points
- The process to change registered office of the Company varies with the different kind of shifts.
- Change in registered office within local limit is an easy process which requires approval of Board of Directors and filing E-form INC-22 with Registrar of Companies.
- Change in registered office outside local limit requires approval of Board of Directors as well as shareholders and filing MGT 14 and E-form INC-22 with Registrar of Companies.
- To change the ROC within same state the Company is required to seek approval of Board and Members and Regional Director, intimation is also given to the Chief Secretary of the state regarding the proposed shifting and that the employees interest is not adversely affected consequent to proposed shifting. E form MGT-14, INC-23, INC-28 and INC-22 are filed in this case.
- To effect the change in registered office from one state to another the Company should conduct general meeting for assent of shareholders of the Company, newspaper publication is required for general intimation to public to avoid any conflict in interest with the proposed shifting. Further application to be submitted to the Chief Secretary of the State and Regional Director with relevant documents . For change in registered office from one state to another E form MGT 14, INC-23, INC-28 and INC-22 are filed.
What is included in this
FAQs
Section 12 of Companies Act, 2013 deals in length regarding the timelines and other provisions regarding registered office.
Section 12(5) states that except on the authority of a special resolution passed by a company, the registered office of the company shall not be changed—
In the case of an existing company, outside the local limits of any city, town or village where such office is situated at the commencement of this Act or where it may be situated later by virtue of a special resolution passed by the company;
Section 13(4) states that the alteration of the memorandum relating to the place of the registered office from one State to another shall not have any effect unless it is approved by the Central Government on an application in such form and manner as may be prescribed.
Rule 27 of the Companies (Incorporation) Rules, 2014 deals with notice and verification of change of situation of the registered office.
Rule 28 of the Companies (Incorporation) Rules, 2014 deals with Shifting of registered office within the same State.
Rule 30 of the Companies (Incorporation) Rules, 2014 specifies shifting of registered office from one state or union territory to another state
Companies Act,2013 does not define what is local limit. However, one clarification is available which was issued by Department of Company Affairs on interpretations on various sections of Companies Act, 1956.
In view of this the expression local limits should be taken to mean both the local body limit and the postal limits and where the two do not coincide, the wider of two. Thus, local limit can be defined with pin code. The first digit indicates one of the regions. The second digit indicates the sub region or one of the postal circles (States). The third digit indicates a sorting / revenue district. The last 3 digits refer to the delivery Post Office.
Thus, change in last 3 digits will show whether shift of registered office is within local limits or not.
After getting approval from the Registrar, Company should follow below given action points:
- Revise the registered address in all its business letters, billheads, letter papers and in all its notices and other official publications.
- Print new set of Memorandum of Association.
- New address should be displayed on the Name Plate of the Company as displayed outside the office.
- Intimate the change in registered office to all banks where Company have accounts so that all communication made by Banks should be delivered at correct address.
- Similarly, Company should inform all its vendors, parties, suppliers and other stakeholders regarding the shift in registered office.
- Change in registered office also to be updated with government departments where Company has registered itself like Income tax authority, GST, Shop & Establishments and any other department where Company is registered.
Below given are few points to consider while shifting registered office:
- As per section 12 of the Companies Act 2013 (Act), shift in Registered office from jurisdiction of one ROC to another requires consent of Members through Special Resolution and approval of Regional Director.
- As per section 110 of the Act, companies having members more than two hundred are required to pass the resolution for change in place of registered office outside the local limits of any city, town or village through postal ballot.
- E Form MGT-14 is to be filed prior to filing E form INC-23 as SRN of MGT-14 is to be filled in E-form INC-23.
- E Form INC-28 to file prior to filing E Form INC-22 as SRN of INC-28 to be filled in E-form INC-22.
The time taken to registered office address change depends on various factors such as the state in which the company is registered, the type of company, and the time taken to complete the necessary formalities. Generally, the process takes around 15-20 days to complete.
Each business has a principal place of business that characterises the personality of the substance and its place of home. The chief place of business is called the registered office and when there is an occurrence of partnership or different business from the chief place, such address is called it’s head office. However, there is not much difference between a registered office and the head office. The business conducted in the office would determine the operations of the office.
Yes, the address can be shifted from a commercial address to a residential place, since a registered office can be kept at a residential address too.
Yes, it can be changed whenever the registered office needs to be changed. It can be changed at any time after incorporation by following the process laid down in the Act.
It is a good practice to verify the TAN of anyone who deducts tax from source (known as TDS) on your behalf. Refer to your Form 16/16A/26AS, and you will see the TDS details for the financial year. Using the Know TAN Details service, you can verify if the amount was deducted by the right person. In addition, you need to quote the TAN when filing your income tax returns in case of any TDS.
