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Change in Registered Office Address of Company Online Certified Service for your Company by MyCAfiling
Changing the registered office address of a company is a significant event that involves updating legal records and notifying relevant authorities. Whether you are relocating to a larger space, moving to a different city, or simply shifting your operations, it is crucial to follow the correct procedures to ensure compliance with legal requirements.
In this comprehensive guide, we will walk you through the process of changing the registered office address of a company, the necessary documentation, and how MyCAfiling can assist you in achieving this at the lowest cost.
Understanding the Registered Office Address
The registered office address of a company is the official address where all legal and official communications are sent. It is also the address that is registered with the Registrar of Companies (RoC) and other regulatory bodies. The registered office must be situated within the jurisdiction of the RoC under which the company is registered.
Why Change the Registered Office Address?
There are several reasons why a company might need to change its registered office address:
- Expansion: The company is moving to a larger office to accommodate growth.
- Relocation: The company is relocating to a different city or state.
- Operational Needs: Change in Registered Office require a more strategically located office.
- Lease Expiration: The lease on the current office space has expired or is no longer suitable.
- Compliance: The company needs to comply with new legal or regulatory requirements.
Legal Requirements for Change in Registered Office Address of Company
To ensure a smooth and legally compliant transition, it is essential to follow the prescribed procedures for changing the registered office address of a company. The Companies Act, 2013, outlines the requirements and steps for making such changes. Here are the key legal requirements:
1. Board Resolution
The first step is to convene a board meeting to approve the change in the registered office address. The board resolution should include:
- The current registered office address
- The new registered office address
- The effective date of the change
- Authorization for a director or company secretary to file the necessary forms with the Registrar of Companies (RoC)
2. Filing of Form INC-22
Once the board resolution is passed, you need to file Form INC-22 with the RoC. This form must be submitted within 30 days of passing the resolution. Form INC-22 includes details of the new registered office address and requires the following documents to be attached:
- Proof of new registered office address (e.g., utility bill, rent agreement)
- NOC from the landlord if the office is rented
- Copy of the board resolution
3. Updating the Memorandum of Association (MOA) and Articles of Association (AOA)
The Memorandum of Association (MOA) and Articles of Association (AOA) of the company should be updated to reflect the new registered office address. This involves making changes to the company’s MOA and AOA documents and filing them with the RoC.
4. Updating Company Records and Registers
After filing Form INC-22, update the company’s records and registers to reflect the new registered office address. This includes:
- Register of Members
- Register of Directors and Key Managerial Personnel
- Statutory registers and records as required by the Companies Act, 2013
5. Informing Stakeholders
Notify all stakeholders, including employees, shareholders, clients, and business partners, about the Change in Registered Office Address of Company. This helps maintain transparency and ensures that all communications are directed to the correct address.
Procedure for Changing the Registered Office Address of a Company
Let’s break down the detailed procedure for changing the registered office address of a company:
Step 1: Convene a Board Meeting
The process begins with convening a board meeting to discuss and approve the change in the registered office address. The agenda of the meeting should include:
- Discussion on the need to Change in Registered Office Address of Company
- Approval of the new registered office address
- Passing the board resolution
Step 2: Pass the Board Resolution
During the board meeting, pass a resolution for the Change in Registered Office Address of Company. The resolution should be documented in the minutes of the meeting and signed by the chairman of the meeting.
Step 3: Obtain Proof of New Address
Obtain proof of the new registered office address, such as:
- Utility bill (electricity bill, water bill)
- Rent agreement (if the office is rented)
- Ownership documents (if the office is owned)
If the office is rented, you must also obtain a No Objection Certificate (NOC) from the landlord.
Step 4: File Form INC-22
File Form INC-22 with the RoC within 30 days of passing the board resolution. Ensure that the form is digitally signed by a director or the company secretary and certified by a practicing professional (chartered accountant, company secretary, or cost accountant). Attach the following documents to Form INC-22:
- Proof of new registered office address
- NOC from the landlord (if applicable)
- Copy of the board resolution
Step 5: Update MOA and AOA
Update the company’s Memorandum of Association (MOA) and Articles of Association (AOA) to reflect the new registered office address. File the updated documents with the RoC.
Step 6: Update Company Records and Registers
Update the company’s registers and records to reflect the new registered office address. This includes:
- Register of Members
- Register of Directors and Key Managerial Personnel
- Statutory registers and records as required by the Companies Act, 2013
Step 7: Inform Stakeholders
Notify all stakeholders about the change in the registered office address. This includes:
- Employees
- Shareholders
- Clients
- Business partners
Role of MyCAfiling in Change in Registered Office Address of Company
Changing the registered office address of a company can be a complex process involving multiple steps and legal requirements. MyCAfiling simplifies this process by providing comprehensive services for changing the registered office address at the lowest cost. Here’s how MyCAfiling can assist you:
1. Expert Guidance
MyCAfiling’s team of experienced professionals provides expert guidance throughout the process, ensuring compliance with legal requirements and timely completion of all formalities.
2. Document Preparation
MyCAfiling assists in preparing all necessary documents, including board resolutions, proof of address, and NOCs, ensuring accuracy and completeness.
3. Filing of Forms
MyCAfiling handles the filing of Form INC-22 and other required forms with the RoC, ensuring timely submission and compliance.
4. Updating MOA and AOA
MyCAfiling helps update the company’s MOA and AOA to reflect the new registered office address, ensuring all documents are in order.
5. Updating Company Records
MyCAfiling assists in updating the company’s records and registers to reflect the new registered office address, ensuring compliance with legal requirements.
6. Stakeholder Communication
MyCAfiling helps draft communication to inform stakeholders about the change in registered office address, ensuring transparency and maintaining trust.
Benefits of Using MyCAfiling for Change in Registered Office Address of Company
Using MyCAfiling for changing the registered office address of a company offers several benefits:
1. Cost-Effective Services
MyCAfiling offers the lowest cost services for changing the registered office address, making it affordable for businesses of all sizes.
2. Hassle-Free Process
MyCAfiling handles all the complexities and formalities involved in changing the registered office address, ensuring a hassle-free experience for the company.
3. Timely Completion
MyCAfiling ensures timely completion of all formalities, minimizing any disruption to the company’s operations.
4. Compliance Assurance
With MyCAfiling, you can be assured of full compliance with legal and regulatory requirements, reducing the risk of penalties and legal issues.
5. Professional Support
MyCAfiling’s team of professionals provides continuous support and guidance throughout the process, ensuring a smooth transition.
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FAQ (Frequently Asked Questions)
How long does it take to change the registered office address?
The process of changing the registered office address typically takes 7-10 days, depending on the timely submission of documents and approvals.
Is it necessary to update the company’s Memorandum of Association (MOA) and Articles of Association (AOA)?
Yes, it is necessary to update the company’s MOA and AOA to reflect the new registered office address and file the updated documents with the Registrar of Companies (RoC).
Can a company have its registered office address in a different state?
Yes, a company can have its registered office address in a different state, but it must comply with the legal requirements of the state where it is registered.
What documents are required for changing the registered office address?
The required documents include proof of the new registered office address, a No Objection Certificate (NOC) from the landlord (if applicable), and a copy of the board resolution.
Can a company change its registered office address more than once?
Yes, a company can change its registered office address multiple times, but each change must be properly documented and filed with the Registrar of Companies (RoC).
What happens if Form INC-22 is not filed on time?
Failure to file Form INC-22 within the prescribed time limit can result in penalties and fines for the company and its officers.
How do I know if my change of address has been successfully processed?
You will receive a confirmation from the Registrar of Companies (RoC) once the change of address has been successfully processed. You can also check the company’s records on the RoC website.
Can MyCAfiling assist with updating the company’s records and registers?
Yes, MyCAfiling assists with updating the company’s records and registers to reflect the new registered office address.
Is it mandatory to notify stakeholders about the change in registered office address?
Yes, it is important to notify all stakeholders, including employees, shareholders, clients, and business partners, about the change in the registered office address.
How can MyCAfiling help with the change in registered office address?
MyCAfiling offers expert guidance, document preparation, form filing, and compliance support for changing the registered office address of a company, ensuring a smooth and cost-effective process.