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3 8 AURIGA ACCOUNTING PRIVATE LIMITED

Yes, a producer company can change its registered office address by following the prescribed legal procedures. The process typically involves obtaining board approval, convening a general meeting of members, and passing a special resolution to approve the change. After obtaining member approval, the company must file the necessary documents and forms with the relevant regulatory authorities, such as the Ministry of Corporate Affairs in India. It’s important to comply with the applicable laws and regulations governing such changes to ensure the legality and validity of the address changeVisitofficialwebsite 

Legal Framework for Changing Registered Office Address

The legal framework governing the change of a registered office address for a producer company is primarily derived from the Companies Act, 2013, and the rules and regulations issued under it. Key legal provisions and regulatory authorities involved in the process include:

  1. Section 12 of the Companies Act, 2013: This section deals with the requirements and provisions for the change of a company’s registered office within the same state or from one state to another.

  2. Rule 27 of the Companies (Incorporation) Rules, 2014: This rule provides specific procedures for changing the registered office address of a company.

  3. Registrar of Companies (RoC): The RoC is the primary regulatory authority responsible for registering companies and overseeing their compliance with legal and statutory requirements, including changes in the registered office address.

Process for Changing the Registered Office Address

Changing the registered office address of a producer company involves several steps and requires compliance with the following process:

Step 1: Board Resolution and Shareholder Approval

  1. Board Resolution: The board of directors must pass a resolution to initiate the change of the registered office address. This resolution should include the proposed address, reasons for the change, and the date of the general meeting to seek shareholders’ approval.

  2. Shareholder Approval: The company must convene an Extraordinary General Meeting (EGM) and obtain the approval of shareholders for the change of the registered office address. This requires passing a special resolution by a three-fourths majority.

Step 2: Application to RoC

  1. Application to RoC: The company must file an application with the RoC for the change of the registered office address. This application includes the following documents and information:

    • A copy of the board resolution authorizing the change.
    • Notice of the EGM and a copy of the special resolution.
    • A list of creditors along with their consent to the change of address (or objections, if any).
    • An altered copy of the Memorandum of Association (MOA) reflecting the new registered office address.
    • An altered copy of the Articles of Association (AOA) reflecting the new registered office address.
    • A declaration by a director or company secretary verifying that the company has not defaulted in paying any dues to creditors.
  2. RoC Approval: The RoC will examine the application and documents to ensure compliance with legal requirements. If everything is in order, the RoC will approve the change.

Step 3: Public Notice and Newspaper Advertisement

  1. Public Notice: The company must publish a public notice in a leading English newspaper and a vernacular newspaper circulating in the district where the registered office is situated.

  2. Newspaper Advertisement: The company must also advertise the change in the registered office address in two newspapers, one in English and one in the regional language, in the same district where the registered office is located.

Step 4: Informing Authorities

  1. Inform Regulatory Authorities: The company must inform various regulatory authorities, including the income tax department, service tax authorities, central excise department, and other relevant authorities, about the change of registered office address.

Step 5: Change of Address in MOA and AOA

  1. Alter MOA and AOA: The company must alter its MOA and AOA to reflect the new registered office address. The alteration should be duly approved and filed with the RoC.

What are the rules for farmer producer company

A minimum paid-up capital is required to incorporate a producer company. There should be a minimum of 5 directors (maximum of 15) in a producer company. It can never be converted into a public company however it can be converted into a multi-state co-operative society.

Can a company have two registered office

A Company can have multiple addresses where its offices can be located, including its main office, branch offices, corporate offices, and other regional offices. Among these, we also have a certain address where the company’s Registered Office is located.

What documents are required for change of registered office within city

  • If the office is rented or leased, the owner must provide a NOC (No Objection Certificate).
  • If the office is located on rented/leased land, a rent/lease agreement is required.
  • Utility bill i.e (Electricity Bill/Telephone Bill/Gas Bill) not older than 2 months.

What is the minimum capital for a producer company

₹5 lakhs
 
The capital of the fully paid-up shares must be at least ₹5 lakhs. A permanent CEO (Chief Executive Officer) is required to oversee the management and operations of the company. A production business might be thought of as having just equity share capital for producer company

How do I change my registered office address in MCA

  1. Board Meeting: Convene a board meeting to propose the change of the company name. …
  2. Check Name Availability: Verify the availability of the proposed new name by conducting a name search on the MCA portal. …
  3. File the Required Forms: Prepare and file the necessary forms with the MCA.

What is the limit of members in a producer company

Any 10 or more producers (individuals) can join together to form a production company but there is no upper limit on the number of members. Or, any 2 or more producer institutions can form a producer company. A minimum paid-up capital is required to incorporate a producer company.

What are the compliances for producer company

  • Each year within a gap of not more than fifteen months, an Annual General Meeting (AGM) must be held.
  • Each year the company must get its Accounts Audited.
  • Each year Annual Returns and Annual Filings must be filed.

Can a company have two registered office

A Company can have multiple addresses where its offices can be located, including its main office, branch offices, corporate offices, and other regional offices. Among these, we also have a certain address where the company’s Registered Office is located

Reasons for Changing Registered Office Address

Similarly, if company wishes to shift or change its registered office outside local limits of city, town or village, first eForm MGT-14 and then eForm INC-22 are required to be filed to Registrar of Companies (ROC) to give effect to such change. 2) Form INC-23 – File application with Central Government in Form No.

How can I change my company registered address in India

  1. Digital Signature Certificate (DSC of one of Authorised director)
  2. Business Address Proof (Electricity/Telephone bill of the New address)
  3. NOC from Owner (No Objection Certificate from the owner of registered office)
  4. Rent Agreement (Rent agreement of the registered office)

What is the amendment for producer companies

As informed by Ministry of Corporate Affairs, a new Chapter XXIA was incorporated in the Companies Act, 2013 (CA-13) relating to Producer Companies vide the Companies (Amendment) Act, 2020 which got commenced on 11.02. 2021. Earlier, the provisions relating to Producer Companies were part of the Companies Act, 1956.

How do I register my farmer producer company

  1. PAN Card or Passport (Foreign Nationals & NRIs)
  2. Aadhaar Card/Voters ID/Passport/Driving License.
  3. Latest Bank Statement/Telephone Bill/Post-paid Mobile Bill/Electricity Bill (The address proof shall be recent and not older than 2 months)
  4. Passport-sized photograph.

How do I change my address on my certificate of incorporation

  1. Digital Signature Certificate (DSC of one of Authorised director)
  2. Business Address Proof (Electricity/Telephone bill of the New address)
  3. NOC from Owner (No Objection Certificate from the owner of registered office)
  4. Rent Agreement (Rent agreement of the registered office)
producer company change its register office

How do I change my registered office in MCA

  1. Form MGT-14.
  2. Form INC-23.
  3. Form INC-28.
  4. Form INC-22.

What documents are required for change of registered office within city

  • If the office is rented or leased, the owner must provide a NOC (No Objection Certificate).
  • If the office is located on rented/leased land, a rent/lease agreement is required.
  • Utility bill i.e (Electricity Bill/Telephone Bill/Gas Bill) not older than 2 months.

Can the register be maintained at a place other than the registered office

Provided that such registers or copies of return may also be kept at any other place in India in which more than one-tenth of the total number of members entered in the register of members reside, if approved by a special resolution passed at a general meeting of the company and the Registrar has been given a copy

Reasons for Changing Registered Office Address

There are several reasons why a producer company may consider changing its registered office address:

  1. Operational Convenience: The company may need to move its registered office to a location that offers better operational convenience or proximity to its core activities.

  2. Accessibility: Accessibility to stakeholders, including members and creditors, can be a driving factor in changing the registered office address.

  3. Business Expansion: As producer companies expand their operations, they may require a registered office in a location that better serves their growing business needs.

  4. Economic Considerations: Economic factors, such as lower operating costs or tax benefits in a different jurisdiction, may influence the decision to change the registered office address.

  5. Regulatory Compliance: Changes in regulatory requirements, state laws, or local regulations may necessitate a change in the registered office address.

  6. Strategic Considerations: Strategic business decisions may warrant a change in the registered office address to align with corporate objectives.

Conclusion to change register office address

Changing the registered office address of a producer company is a significant administrative and legal process that should be approached with careful consideration and adherence to legal requirements. The process, which is primarily governed by the Companies Act, 2013, involves board resolutions, shareholder approval, regulatory submissions, public notices, and other formalities. It can be driven by various factors, including operational convenience, accessibility, business expansion, and strategic considerations.

Understanding the legal framework, process, and implications of changing the registered office address is crucial for producer companies to ensure compliance, maintain their legal identity, and manage stakeholder communication effectively. With careful planning and execution, producer companies can successfully make this change to better serve their operational needs and corporate objectives.

How auriga accounting help you to change register office address

Auriga Accounting, as a hypothetical accounting and financial services firm, can provide valuable assistance in the process of changing the registered office address for a producer company. Here’s how Auriga Accounting can help guide and manage this process:

1. Legal Compliance and Regulatory Knowledge:

  • Understanding the Legal Framework: Auriga Accounting possesses a comprehensive understanding of the legal framework and regulatory requirements related to changing the registered office address of a producer company. The firm ensures that all actions taken comply with the Companies Act, 2013, and related rules and regulations.

  • Customized Compliance Planning: Auriga Accounting works closely with the producer company to create a customized compliance plan tailored to their specific needs, including legal and regulatory requirements.

2. Board Resolution and Shareholder Approval:

  • Resolution Preparation: The firm can assist in preparing the board resolution for changing the registered office address. This includes documentation of the proposed address, reasons for the change, and the EGM date for seeking shareholders’ approval.

  • Shareholder Communication: Auriga Accounting can help producer companies communicate effectively with shareholders about the proposed change and the EGM.

3. Application to Registrar of Companies (RoC):

  • Application Preparation: Auriga Accounting assists in preparing the application to the RoC, ensuring that all required documents and declarations are correctly submitted. The firm ensures that the application is complete and accurate.

  • Communication with RoC: The firm communicates with the RoC to facilitate a smooth and timely approval process.

4. Public Notice and Newspaper Advertisement:

  • Public Notice Preparation: Auriga Accounting assists in drafting the public notice and newspaper advertisements in accordance with the regulatory requirements. The firm ensures that these notices are published in the appropriate newspapers.

5. Informing Authorities and Record Updates:

  • Authorities Notification: Auriga Accounting guides producer companies in notifying relevant authorities, such as the income tax department and other regulatory bodies, about the change of the registered office address.

  • Document and Record Updates: The firm ensures that all company records, documents, and agreements are updated to reflect the new registered office address, preventing any operational disruptions.

6. Alteration of MOA and AOA:

  • MOA and AOA Amendment: Auriga Accounting assists in amending the Memorandum of Association (MOA) and Articles of Association (AOA) to reflect the new registered office address. The firm ensures that these changes are legally compliant and properly filed with the RoC.

7. Compliance with Deadlines:

  • Timely Compliance: Auriga Accounting emphasizes the importance of adhering to filing deadlines and regulatory requirements to avoid legal complications and ensure a seamless transition.

8. Communication and Stakeholder Engagement:

  • Stakeholder Communication: The firm helps producer companies establish transparent communication channels with shareholders, members, and stakeholders to ensure clarity on the change of the registered office address.

  • Effective Messaging: Auriga Accounting assists in crafting effective messaging to inform stakeholders about the change, thereby managing their expectations and maintaining their trust.

9. Risk Mitigation and Compliance Review:

  • Risk Assessment: The firm conducts risk assessments to identify potential compliance risks and offers guidance on risk mitigation strategies.

  • Compliance Reviews: Regular compliance reviews are performed to ensure that producer companies continue to meet all regulatory and reporting requirements.

10. Impact Assessment:

  • Economic and Social Impact Assessment: Auriga Accounting can assist producer companies in assessing the economic and social impact of the change of registered office address on local communities and stakeholders.
June 19, 2024

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