Registered Office Change

Registered Office Address change

To change the address of a registered office in India, a company must follow the below steps:

1. Check the eligibility: The company should first check if it is eligible to change the registered office. A company is eligible if it has passed a special resolution in a general meeting and given notice to the Registrar of Companies (ROC).

2. Board Meeting: The company should hold a board meeting to discuss and approve the change in the registered office address.

3. Check the jurisdiction: The company should ensure that the new address falls under the jurisdiction of the same ROC where the company is currently registered.

4. File Form INC-22: The company should file Form INC-22 with the ROC within 15 days of the change in the registered office. The form should be digitally signed by a director or a manager or a secretary of the company.

5. Supporting Documents: Along with the form, the company needs to submit the following documents:

• Proof of the new registered office address (such as utility bills, rent agreement, or sale deed)
• NOC (No Objection Certificate) from the landlord (if the premises are rented)
• Copy of the board resolution for the change in the registered office address
• Any other documents required by the ROC

6. Verification: The ROC will verify the documents and may also conduct an inspection of the new registered office.

7. Confirmation: Once the ROC is satisfied with the documents and the inspection, it will approve the change in the registered office and update its records accordingly.

8. Update other records: After the ROC approves the change, the company should update its other records, such as bank account, PAN card, GST registration, etc., with the new registered office address.

It is important to note that failure to comply with the above steps may lead to legal penalties and may also affect the company’s compliance status.

Types of changes in a registered office:

penalties and compliances of change the address of a registered office:

The penalties and compliances for changing the address of a registered office vary depending on the country and jurisdiction where the business is registered. Here are some general considerations:

1. Notification Requirements: In most jurisdictions, businesses are required to notify the government of any changes to their registered office address. This may involve filing a form or providing other documentation.

2. Time Limit for Notification: Businesses may be required to notify the government of the change within a certain time frame, typically within a few weeks or months after the change takes place.

3. Potential Penalties: Failure to comply with notification requirements can result in penalties, fines, or legal action.

4. Updating Business Records: Once the change of address is registered with the government, the business may also need to update its own records, such as its website, letterhead, and business cards.

5. Other Requirements: Depending on the jurisdiction, there may be other requirements associated with changing a registered office address. For example, the business may need to update its bank account information, obtain new licenses or permits, or notify vendors and customers of the change.

It is important to consult with a legal or accounting professional to understand the specific requirements and potential penalties for changing the address of a registered office in your jurisdiction.

RULE 27:

Rule 27 is a provision under the Companies (Incorporation) Rules, 2014, which deals with the notice and verification of a change in the registered office of a company in India. According to this rule, any company that changes its registered office from one state to another state or from one jurisdiction to another jurisdiction within the same state, shall give notice of such change to the Registrar within 30 days of the change.

The notice shall be accompanied by the following documents:

1. A copy of the special resolution authorizing the change of registered office;
2. A copy of the minutes of the general meeting at which the special resolution was passed;
3. A copy of the altered memorandum of association (MOA) of the company;
4. A copy of the altered articles of association (AOA) of the company; and
5. A verification of the registered office address.

The verification of the registered office address must be in Form INC-22 and should be signed by the company secretary or a director of the company, who has been authorized by the board of directors to sign such a verification. The form must also be verified by a practicing chartered accountant, cost accountant, or company secretary.

In summary, Rule 27 mandates that any company that changes its registered office in India must provide a notice to the Registrar within 30 days of the change, along with supporting documents and a verification of the new address.