Event Based Corporate Filing

REGISTERED OFFICE CHANGE: ABOUT: The registered office is an official office of the company for its business and for receiving all the communication and notices sent to it. However, a company may be required to change its registered office in some situations as

Change of Office Within the Same City.

Change of Office Outside the City Under the Same ROC.

Change of Office Outside the City but Under Different ROC.

Change of Office from One State to Another State.

Change of Office Within the Same City

• Arrange a board meeting and pass a resolution for changing the registered office.

• The company needs to file Form INC-22 with the MCA and it should be filed within 30 days from board resolution passed earlier.

• The utility bill for business address proof, NOC from the owner, and the rental/ lease agreement of the place rented must be attached.

Change of Office Outside the City Under the Same ROC

• Arrange a board meeting and pass a resolution for calling the Extraordinary General Meeting.

• In the EGM, the company needs to pass a special resolution for changing the registered office.

• The company needs to file Form INC-22 and MGT-14 with the MCA and it should be filed within 30 days from the board resolution passed earlier.

• The copy of the special resolution, NOC from the property owner, rent/ lease agreement if office place rented along with utility bill (not older than 2 months) must be attached.

Change of Office Outside the City but Under Different ROC

• Arrange a board meeting and pass a resolution for calling the Extraordinary General Meeting.

• In the EGM, the company needs to pass a special resolution for changing the registered office.

• The company needs to file form MGT-14 with the ROC within 30 days after passing the Special resolution.

• The company needs to file Form INC-23 to the regional director for approval of its registered office from one ROC to another ROC within the state.

• Before one month of filing the application with the Regional Director, the company should:

• Publish a notice of change of office in a daily English newspaper and in the principal language newspaper of that district in which the company’s registered office is situated.

• Serve individual notice on each depositor, debenture holder and creditor of the company. The notice must state that if their interest is likely to be affected by the proposed alteration in the MOA, they can intimate their nature of interest and grounds of opposition to the Regional Director. However, they must intimate their opposition to the Regional Director within twenty-one days from the publication date of the notice • When the Regional Director does not receive any objection, a confirmation notice will be communicated within thirty days from the receipt of the application by the Regional Director.

• The company shall file the confirmation of the Regional Director with the ROC in Form INC-22 within sixty days from the receipt of confirmation. The documents that need to be filed with the Form INC-23 are as follows:

• Board resolution for changing the registered office.

• The Special Resolution passed by the company confirming the change in the registered office

 • A declaration by any two directors or the key managerial personnel of the company authorized by the Board stating that the company has not defaulted in paying its dues to its workmen and has obtained the creditors’ consent for shifting the office.

• An acknowledged copy of intimation made to the Chief Secretary of the state regarding the proposed registered office change and mentioning that the employees’ interest will not be affected due to the change in registered office.

Change of Office from One State to Another State

• Arrange a board meeting and pass a resolution for calling the Extraordinary General Meeting.

• In the EGM, the company needs to pass a special resolution for changing the registered office and altering the MOA of the company.

• The company needs to file form MGT-14 with the ROC within 30 days after passing Special resolution and alter the MOA.

• The company needs to file Form INC-23 to the regional director for approval of the central government to shift its registered office from one state to another state and alter the MOA.

• Before one month of filing the application with the Regional Director, the company should:

• Publish a notice of change of office in a daily English newspaper and in the principal language newspaper of that district in which the registered office of the company is situated.

• Serve individual notice on each depositor, debenture holder and creditor of the company stating that if their interest is likely to be affected by the proposed alteration of the MOA, they can intimate their nature of interest and grounds of opposition to the Regional Director within twenty-one days from the publication date of the notice.

• If there are no objections, the Central government will dispose of the application for change in the registered office within sixty days.

• Once the Regional Director approves the change, the company needs to file the approval with the ROC in Form INC-22 within sixty days from the date of approval.

• The approval given by the Central Government for a change of office address should be filed in Form INC-28 with the ROC of both states in which the old and new registered offices are situated. The following documents are submitted along with Form INC-23:

• A copy of the MOA with proposed alterations.

• Copy of the minutes of the meeting of EGM authorizing the alteration of the MOA.

• Copy of the Board resolution or executed Vakalatnama or Power of Attorney, as the case may be.

• The list of all the debenture holders and creditors stating the amount due to each one of them relating to their claims, debts or liabilities. • A declaration signed by at least two directors and the Company Secretary, stating that the list of creditors given is complete and no other amount except the mentioned amount in the list is owed to them.

• A declaration stating that no employee will be retrenched as a result of a change in the registered office.

Compliances After ROC Approval for Change in Registered Office

The compliances that a company needs to follow after changing its registered office upon approval of ROC are as follows:

• The company needs to issue a general notice by way of an advertisement in a newspaper informing all the members and stakeholders about the change of the company’s registered office.

• Needs to Print of new MOA and change the address of the company’s registered office outside of every office, building, etc., where it carried on the business, in legible letters and conspicuous position.

• Needs to Substitute the old address printed on all business letter-heads, letters, invoices, billheads, receipt forms, and other official publications with the new address.

• Needs to Update the new registered office address with all the banks and financial institutions where the company is having bank accounts.

• Needs to File an application with the Income Tax Authority for updating the company address in TAN and PAN.

• Needs to Update the company’s new address with its utility service providers like telephone and internet connections, electricity providers, etc., in the company name.

• Needs to Update the company’s new address with government authorities like Customs Authorities, Central Excise Authorities, Service tax Department, and Sales Tax Authorities.

## There may be complex things that occur during the registration process which is a time-consuming and lengthy process. The legal language of these forms is complex in nature. The government Portal and its functionality are in itself quite challenging. The support of professionals and experts can save your precious business time.

Our team of LAW COMPLIANCES, having expertise in all such kinds of matters, will resolve all problems pertaining to registration & compliances and will save your precious time and Money.

 Working Process:

>Choose your Plan and Pay Securely.

> Upload required document

> An expert will be assigned to you for the procedure of submission of the application.

> Our Expert will complete the process required for your work along with the necessary assistance over a call during business hours.

BASIC PLAN:

Assistance in change registered office of the company. change registered office of a company within the same city, Service Fees: 4499/- excluding government Fees.

STANDARD PLAN:

Assistance in change registered office of the company. change registered office of a company within the same ROC, Service Fees: 8999/- excluding government Fees.

ACE PLAN:

Assistance in change registered office of the company. change registered office of the company from one ROC to another ROC, Service Fees: 20999/- excluding government Fees.

Law Compliances can help you in obtaining of change registered office of the company in 25-45working days

.** ** Time taken for Incorporation/ Registration/process will depend on the submission of the relevant documents by the client and also approval from the CONCERNED Government authorities.

FREQUENTLY ASKED QUESTIONS (FAQ):

Can a registered office be a residential address?

Yes, there is no compulsion for a registered office to be a commercial property. A residential or commercial address can be provided,

Whether the change in the registered office require alteration in MOA?

Changing your business address does not require the alteration of MoA, as far as the proposed registered office is situated within the same State. If the office is shifted to another State, the situation clause that refers to State must be altered. can a registered office be outside of India? A registered office cannot be situated outside India.

What records must be maintained at the registered office?

All books of accounts must be kept at the registered office of the company. But if they are kept at any other place in India as decided by the Board of Directors, the company must send a notice in writing to the Registrar of that place, mentioning the full address of the place where the books of accounts are kept. ***