Company Registered Office Change
A company's registered office is the official address where all communications and notices from the government and other regulatory authorities are sent. It is crucial for maintaining compliance and ensuring the smooth operation of business activities. Changes to the registered office must be diligently handled to avoid legal and administrative complications.
Reasons for Changing a Registered Office
There are various reasons a company might decide to change its registered office, including:
- Expansion to a larger space due to business growth.
- Strategic relocation to a more business-friendly region.
- Better accessibility for clients and stakeholders.
- Cost-saving measures.
- Consolidation of operations.
Types of Registered Office Changes
1. Within the Same City:
- Simplest form of change.
- Requires board resolution and filing of form INC-22 with the Ministry of Corporate Affairs (MCA).
2. From One City to Another Within the Same State:
- Requires approval from shareholders through a special resolution..
- Needs filing of form MGT-14 and INC-22 with the MCA.
3. From One State to Another:
- More complex and involves multiple steps.
- Requires alteration of the Memorandum of Association (MoA).
- Needs approval from Regional Director (RD) of the MCA.
- Involves filing of forms MGT-14, INC-23, INC-28, and INC-22.
Step-by-Step Process for Changing the Registered Office
1. Board Meeting:
- Convene a Board Meeting to pass a resolution for the change of registered office.
- Authorize a director or company secretary to file the necessary forms with the MCA.
2. Special Resolution:
- For changes involving moving to another city or state, a Special Resolution must be passed in an Extraordinary General Meeting (EGM).
- File form MGT-14 within 30 days of passing the resolution.
3. Approval from Regional Director (if applicable):
- For interstate changes, apply for approval from the Regional Director by filing form INC-23.
- Once approved, file form INC-28.
4. Filing with MCA:
- File form INC-22 along with necessary documents like a copy of the Board Resolution, Special Resolution, and proof of new address (e.g., rent agreement, utility bill).
5. Public Notice:
- For interstate changes, publish a notice of the change in a newspaper in the English language and in the principal vernacular language of the district where the registered office is situated and where it is to be shifted.
Documents Required for Changing Registered Office
- Certified copy of Board Resolution and Special Resolution
- Proof of new address (lease agreement, utility bill, etc.)
- No Objection Certificate (NOC) from the owner of the new premises
- Copy of altered Memorandum of Association (if applicable)
- Newspaper advertisement (for interstate changes)
How Accto Can Help
Changing your registered office can be a daunting process involving multiple legal formalities and compliance requirements. At Accto, we provide comprehensive services to simplify this process:
- Consultation and Guidance: Our experts will assess your requirements and guide you through the entire procedure.
- Documentation: We assist in preparing all necessary documents and resolutions required for the change.
- Filing and Approval: We handle the filing of all forms with the MCA and ensure timely approval.
- Compliance: We ensure that all legal requirements are met, including public notices and alterations to the MoA.
- ObtEnd-to-End Support:ain From initial consultation to the final confirmation of the registered office change, Accto provides end-to-end support to ensure a seamless transition.
FAQ on Company Registered Office Change
A registered office is the official address of a company where all legal documents, notices, and government communications are sent. It is crucial for ensuring compliance and proper communication with regulatory authorities.
Companies change their registered office for various reasons, including expansion, cost-saving, better accessibility, consolidation of operations, and relocation to a business-friendly region.
Changes can be within the same city, from one city to another within the same state, or from one state to another.
This requires a board resolution and filing form INC-22 with the Ministry of Corporate Affairs (MCA).
Apart from a board resolution, a special resolution must be passed by the shareholders, and forms MGT-14 and INC-22 need to be filed with the MCA.
Interstate changes involve altering the Memorandum of Association (MoA), getting approval from the Regional Director (RD), and filing forms MGT-14, INC-23, INC-28, and INC-22. Public notice in newspapers is also required.
Documents include a certified copy of the board resolution, special resolution, proof of the new address, No Objection Certificate (NOC) from the property owner, and a copy of the altered MoA if applicable.
The timeline can vary based on the complexity of the change. Changes within the same city can take a few weeks, while interstate changes may take several months due to additional approvals and compliances.
Yes, Accto offers comprehensive services including consultation, documentation, filing, and compliance to ensure a smooth and hassle-free process for changing your registered office address.
Failure to update the registered office address can lead to missed communications from regulatory authorities, legal complications, penalties, and non-compliance issues, which can adversely affect the company's operations and reputation.