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Registered office of Company:
Every company incorporated in India must have a registered office address. It is a principal place of business. All official correspondence from the Registrar is sent to this office. For any reason, you may have to shift your principal place of business be it within the city, within a state, or in a different city or in a different state altogether an initiation to ROC is must. The registered office of a company is that to which official correspondence and all formal legal notices addressed to the company will be sent.
Change in the Address of Registered office of Company:
Every company who has shifted registered office must give notice to Ministry within 30 days of such change. However, a special resolution is needed in the case registered office has been shifted to another city in the same state. In the case where a registered office has been shifted from one state to another, the Company has to complete certain formalities. It must then give a newspaper advertisement and also a notice to the State Government and obtain NOC.
Penalty for not complying with the procedural requirements of change in the registered office of company as per the Act:
If any default is made in complying with the procedural requirements of change in registered office of company, the company and every officer who is in default shall be liable to a penalty of one thousand rupees for every day during which the default continues but not exceeding one lakh rupees.
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While changing the Address of the Registered office of Company within the same city, the company has to arrange a board meeting and pass board resolution to change the registered office. Once the resolution has passed, the company has to file the form INC-22 with MCA within 30 days of the date of the board resolution. In a case where registered office is changed in different cities but same state and ROC then along with form INC-22, Form MGT-14 and special resolution passed in EGM with MCA has to be filed.
In a case where the company wants to change the registered office within the same state but different from the jurisdiction of one ROC (Registrar Of Companies) to the other ROC, it has to apply for the approval of the Regional Director (RD) in the manner prescribed in form INC- 23 along with the necessary documents such as special resolution. 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.
For shifting office from one state to another the company needs to file a special resolution in MFT 14 with MCA within 30 days also make alterations in MOA and AOA. The company shall publish an advertisement in at least in 1 vernacular newspaper and in an English newspaper not more than 30 days before the date of application to RD. The company then shall file an application to RD. The company has to file the confirmation received from the RD to both the ROC in form INC 22 within 30 days from the date of the order with the required documents.
A Compliance Manager will get in touch with you to obtain your documents along with a simple checklist. You need to fill up that checklist and submit along with your documents for processing. Our team of experts shall verify the documents. Our team of experts will verify the documents provided by you and take the procedure further.
Once we have all the documents and details, we will take the procedure further and prepare the draft of the resolution to be passed in the Extra ordinary General Meeting. In case you have changed your office in another state, then we will also prepare the public notice to be published in the Newspaper. After that we will initiate the final process.
Once you pass the resolution and give public notice, we will move forward and prepare the required forms to be filed with the ROC regarding the change in the registered office address. Then we will file the same with the concerned ROC and will also file a copy to the Registrar under whose jurisdiction the registered office is proposed to be shifted