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Overview of Change of Address
All companies and LLPs must have a registered office at the moment of incorporation or within 30 days of it, according to Section 12 of the 2013 Companies Act. The primary place of business for a corporation or LLP is its registered office address, and the Ministry of Corporate Affairs (MCA) only sends formal letters to that location. Therefore, the RoC or MCA should be notified of any change in address for the registered office.
A business may have several locations, including a corporate office, a branch office, an administrative office, and so forth. However, the MCA should only be informed of the registered office address. Regarding the establishment or change of address of other offices belonging to the company, no notification to the RoC or MCA is necessary.
The process for changing a company's or LLP's registered office is described below-
Alteration of the registered office address inside the city, town, or village limits
- Using a board resolution
- Within 30 days of the Board Resolution by submitting Form INC- 22
A transfer in the company's registered office from inside a city, town, or village to somewhere else within the same RoC and state
Various factors may cause a corporation to wish to modify both goals (Main and Ancillary objects). You must follow the 5 stages that result in the change of objectives if you want it altered.
- With a special resolution and a board resolution
- If Form MGT-14 is submitted within 30 days following the Special Resolution
- After the Special Resolution, by submitting Form INC- 22 within 30 days,
- With a board decision, a special decision, and the Regional Director's endorsement
- If Form MGT-14 is submitted within 30 days following the Special Resolution
- Submitting Form INC-23
- Within 60 days of the Regional Director's directive by submitting Form INC-28
- Within 30 days of the Regional Director's directive by submitting Form INC- 22
- With board approval, a special resolution, and the Regional Director's blessing
- Following the required revision to the Memorandum of Association (MoA)
- Within 30 days of the Special Resolution by submitting Form MGT-14
- By submitting Form INC-23 after at least a month has passed following the publication of newspaper ads (per Form INC-26) and the delivery of notices to creditors
- By submitting Form INC-28 within 30 days after receiving the Regional Director's order
- By submitting Form INC- 22 within 30 days of the Regional Director's order
- A change to the Memorandum of Association is necessary (MoA)
- Directors of the company, list
- Shareholder list for the business
- List of debtors that has been duly verified by the company's auditors
- A copy of a notification that was published
- A duplicate of the MoA, AoA, and incorporation certificates
- Most recent company financial statements under audit
- Rent Agreement with the new address and the company's name
- Utility bill showing the premises, no older than two months, and a Noc from the premises
In the same state, a change of registered office address from one RoC to another
Change of address from one state to another, beyond the present RoC jurisdiction
Documents Needed for Address Change
FAQ
What documents are required to change a company registered office address to another location in the same city?
- Proof of address of the company’s registered office
- NOC from the new owner
- Property ownership documents of the new property
- Electricity bill, water bill, lease agreement(in case a new premise is rented)
Do the shareholders have to approve a change in the registered office address to a different address within the same city?
No, neither shareholders nor any other authority are required to give their consent for businesses moving inside the same village, town, or city limits. To accomplish this, they must use the e-Form INC-22 to send a notification of the modifications to the Registrar of Companies.
What are the three conditions in which a business may alter its registered office address?
The following three scenarios are the most frequent ones in which a corporation changes its registered company office:
- Within the same village or city, a change of company registered office
- In the same state, a change of company registered office
- Changing the registered office of a business from one state to another