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Change in Registered Office Address

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Change in Registered Office Address with Auriga Accounting

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Why Should I Use Auriga Accounting For Change in Registered Office Address ?

Auriga Accounting has a team of registration experts who can provide complete guidance to Change in Registered Office Address.

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Changed Your Registered Office Address

Why Should I Use Auriga Accounting For Change In Registered Office Address?

Auriga Accounting has a team of registration experts who can provide complete guidance to Change in Registered Office Address.

book appointment

Our team of experts will get in touch with you and collect all necessary documents and details

Resolve all your queries

We fill out and file your application for registration

Complete your Share Transfer

Your Share Transferred

Change in Registered Office Address

As per Section 12 of the Companies Act of 2013, every business, including Limited Liability Partnerships (LLPs), is required to have a registered office either at the time of registration or within 30 days thereafter. The registered office serves as the primary location for the company or LLP and is where formal correspondence from the Ministry of Corporate Affairs (MCA) is sent. Therefore, any change in the registered office address must be notified to the Registrar of Companies (RoC) or MCA.

While a business may operate from multiple locations, such as corporate offices, branch offices, or administrative offices, it is important to note that only the registered office address needs to be communicated to the RoC or MCA. There is no requirement to inform the RoC or MCA about the establishment or modification of additional office addresses for the company. The focus of notification is solely on the registered office as mandated by the Companies Act.

ELIGIBILITY

The eligibility for changing the address of a company’s registered office can vary depending on the jurisdiction and the company’s specific circumstances. In general, the following parties may be involved in the process of address change:

  • Board of Directors: The board of directors of the company is typically responsible for initiating and approving the change of the registered office address. A board resolution is usually required to authorize the address change.

  • Shareholders: Depending on the jurisdiction and the company’s articles of association, shareholders may need to be informed or provide their consent for the change of the registered office address. This requirement may vary, so it’s essential to review the company’s governing documents and applicable laws.

  • Company Secretary or Officer: The company secretary or a designated officer within the company is usually responsible for managing the administrative aspects of the address change process. This includes preparing and filing the necessary documents and ensuring compliance with legal requirements.

  • Regulatory Authorities: The change of the registered office address must be communicated to the relevant regulatory authorities, such as the Registrar of Companies (RoC) or equivalent government bodies in the jurisdiction. The company must comply with the procedures and regulations specified by these authorities.

  • Landlord or Property Owner: If the registered office address is being changed to a new premises under lease or rental agreement, the consent of the landlord or property owner may be required. This is typically obtained through a No Objection Certificate (NOC) or other form of written consent.

Advantages

  • Improved Accessibility: By changing the registered office address, a company can relocate to a more convenient or strategic location. This can result in improved accessibility for clients, suppliers, and stakeholders, making it easier to conduct business operations.

  • Enhanced Corporate Image: A new address can help create a fresh and updated image for the company. Relocating to a prestigious or well-known area can enhance the company’s reputation and make a positive impression on clients, investors, and business partners.

  • Investment Opportunities: Share transfer allows investors to take advantage of new investment opportunities. By selling shares in one company, shareholders can free up capital to invest in other companies or sectors that may offer higher growth potential or better returns. It provides the flexibility to reallocate investments based on changing market conditions or individual investment goals.
  • Cost Savings: In some cases, a company may be able to reduce operating costs by changing its registered office address. Relocating to an area with lower rental or overhead expenses can contribute to cost savings and increase profitability.

  • Geographic Expansion: Changing the registered office address to a different region or city can enable the company to expand its geographic presence. It opens up opportunities to tap into new markets, attract a wider customer base, and establish a local presence in strategic locations.

  • Regulatory Compliance: Relocating the registered office address ensures compliance with legal and regulatory requirements. It ensures that the company’s registered address is up-to-date and aligned with the jurisdiction’s regulations, avoiding any potential penalties or non-compliance issues.

  • Flexibility and Adaptability: Changing the registered office address provides the company with the flexibility to adapt to changing business needs and circumstances. It allows the company to align its physical presence with its evolving strategic goals, target markets, or operational requirements.

  • Confidentiality and Privacy: In some cases, a company may change its registered office address to enhance confidentiality and privacy. Relocating to a dedicated business center or registered office service provider can offer increased privacy protection and prevent the disclosure of personal or sensitive information.

Documents Required

When changing the address of a company’s registered office, the specific documents required can vary based on the jurisdiction and the company’s circumstances. However, here are some common documents that may be required for the address change:

  • Board Resolution: A board resolution approving the change of registered office address should be passed and documented. This resolution should be duly signed and maintained as a part of the company’s records.

  • Form INC-22: In India, if the registered office address is being changed within the same city or within the same Registrar of Companies (RoC) jurisdiction, Form INC-22 needs to be filed with the RoC. This form provides details of the new address, along with supporting documents.

  • Proof of New Address: Documents substantiating the new registered office address will be required. This may include a lease agreement, rent agreement, sale deed, or any other valid document establishing the ownership or occupancy of the premises.

  • NOC from Landlord: If the company is changing the registered office address to leased premises, a No Objection Certificate (NOC) from the landlord or property owner may be necessary. The NOC confirms their consent for using the premises as the registered office of the company.

  • Updated MoA and AoA: In some cases, the Memorandum of Association (MoA) and Articles of Association (AoA) may need to be updated to reflect the new registered office address. Amendments to these documents will need to be filed with the appropriate authorities.

  • Additional Filing: Depending on the jurisdiction, additional forms or filings may be required. This could include filing Form DIR-12 (for director change) or Form MGT-14 (for alterations to the AoA) if the address change involves modifications to the board of directors or other key company details

process

Change of Registered Address Within the Same State

Compliance requirements for changing a company’s registered office outside the city limits but within the jurisdiction of another Registrar of Companies (RoC) within the same state are as follows:

  • Passing Resolution: The Board of Directors should pass a resolution calling for an Extraordinary General Meeting (EGM). At the EGM, the company must pass a special resolution approving the change of registered office. Within 30 days of the special resolution’s passage, the company must submit the special resolution to the RoC along with Form MGT-14.
  • Application to Regional Director: At least one month before applying to the Regional Director, the company should publish a public notice in a newspaper, announcing the change of registered office.
    1. The company must individually notify all debenture holders, creditors, and depositors about the change.
    2. This notification should be sent within 21 days of receiving the notice of change. After fulfilling the notice requirements, the company can apply to the Regional Director using Form INC-23.
  • Filings at the RoC: If the Regional Director is satisfied with the application, they will issue confirmation within 30 days of receiving it.
    1. Within 30 days of the filing, the RoC will issue a confirmation for the change of registered office. The confirmation from the RoC serves as evidence that all provisions of the Companies Act have been followed.
    2. Within 60 days of receiving the confirmation, the company must file the confirmation with the RoC.

Change of Registered Office Out of State

Compliance requirements for changing a company’s registered office from one state to another are as follows:

  • Passing Resolution: The Board of Directors should pass a resolution calling for an Extraordinary General Meeting (EGM).
    1. At the EGM, the company must pass a special resolution approving the change of registered office and modification of the Memorandum of Association.
    2. Within 30 days of the special resolution’s passage, the company must submit the special resolution to the Registrar of Companies (RoC) along with Form MGT-14.
  • Application to Regional Director:
    1. At least one month before applying to the Regional Director, the company should publish a public notice in a newspaper, announcing the change of registered office.
    2. The company must individually notify all debenture holders, creditors, and depositors about the change. This notification should be sent within 21 days of receiving the notice of change.
    3. After fulfilling the notice requirements, the company can submit an application to the Regional Director using Form INC-23.
    4. If the Central Government is satisfied with the application, they will issue confirmation within 60 days of receiving it.
  • Filings at the RoC:
    1. Within 60 days of receiving the confirmation from the Regional Director, the company should file the confirmation with the RoC using Form INC-22.
    2. The Central Government’s approval for the change of registered office should be filed with the RoCs of both states using Form INC-28.
    3. The RoC will also issue a confirmation of the change of registered office. The order from the RoC will serve as evidence that all provisions of the Companies Act have been followed.

WHY AURIGA?

Auriga Accounting is your trusted partner when it comes to changing your company’s registered office address. With our team of experienced business experts, we offer a comprehensive one-stop solution to handle all the necessary paperwork and procedures.

By reaching out to our team of experts and providing the required information, you can rely on us to take care of the entire process. We will guide you through the necessary steps, ensuring compliance with legal requirements and regulations.

Our platform provides transparent progress tracking, allowing you to stay informed about the status of your registered office address change. You can trust us to handle all the paperwork efficiently and professionally, giving you peace of mind throughout the process.

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