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The registered office change shall be reported to the Ministry of Corporate Affairs (MCA). There are four different types of changes in the address of the office of a company. The company carries out its activities where the business is registered.
A business can have an office, factory, or branch, as its registered office. The place of business of the company is determined by the location of its office in India.
The Registrar of Companies (ROC) is selected by the state or where the company’s office is situated. The Registrar of Companies is to be notified of any change of address at a company’s office within 15 days.
The different types of change in the office can be as follows
The Board of directors of the company may decide to shift its current address due to reasons like a geographical expansion of the company, growth of business and expansion of the business infrastructure.
Step 1 : Hold a board meeting and pass board resolution by circulation
Step 2 : In the case of a listed company, disclose the Board meeting to stock exchanges (where the shares of the company are listed), 24 hours before the conclusion of the Board meeting and post the same on the website of the company within two working days.
Step 3 : File the notice of change of the situation of the office registered and verification in Form INC-22 with the registrar within 30 days of the registered office change with the required documents and fees.
Step 4 : Change the existing registered office address of the company with the new address
Step 5 : Inform the change in the registered office companies act, 2013 of the company of all the statutory authorities, wherever the company is registered.
The following are the documents required for filing Form INC-22:
Certified Copy of the resolution passed at the Board meeting by the directors of _______________ Private limited held on _____________ at the registered office change of the company at ____________ at 11.00 a.m. and concluded at 11.30 a.m.
‘Resolved that pursuant to the provisions of section 12 and other applicable provisions, if any, of the Companies Act, 2013 read with rules made thereunder, the consent of the Board of directors of the company be and hereby to shift the registered office of the company from _______ to ________ with effect from ________.
Resolved further that for the purpose of giving effect to this resolution, Mr./Mrs. (Name of the director) and (Company secretary) be and hereby authorized to registered office change on behalf of the company, to do all such acts, deeds and things as necessary to sign and execute all necessary documents, applications and returns to the aforesaid resolution with the filing of Form INC-22 for return of change in address registered office with the Registrar of companies.
By order of the Board of directors
___________________ Private Limited
The steps for change of office registered are given as follows:
Step 1 : Board resolution for approving the change of registered office from one state to another
Step 2 : Special resolution for approving the registered office change in office from one state to another and alteration of Memorandum of association
Step 3 : E-Form MGT-14 for filing the resolution within 30 days of passing of resolution with the registrar with:
Step 4 : Prepare the list of creditors and debenture holders, drawn up to not more than 1 month preceding the date of application
Step 5 : Keep the list of creditors and debenture holders, open for inspection at the registered office.
Step 6 : Sending the Individual notice inviting objection as Companies rules, by registered post with acknowledgment due to each debenture-holder and creditor of the company not more than 30 days before the filing of INC-23.
Step 7 : Sending the Individual notice inviting objection as Companies rules, by registered post with acknowledgment due to each debenture-holder and creditor of the company not more than 30 days before the filing of INC-23.
Step 8 : Sending by registered post with proof of sending attached in INC-23, not more than 30 days before the filing of INC-23 with acceptance of notice inviting objection under Companies rules, 2014 together with the copy of the application submitted to the registrar.
Step 9 : Filing of application to ROC in Form GNL-1 with the detailed application with all the annexures including proof of service of the application to the Chief Secretary
Step 10 : E-Form INC-23 for application for approval of regional director within a month of the list of creditors with
Step 11 : Filing of application with complete annexure in physical form with regional director including challan of filing of E-Form INC-23
Step 12 : In case of no objection received for registered office change from any person in response to the advertisement or notice, the application is given for orders without hearing and the order by approving or rejecting the application passed within 15 days of the receipt of the application
Step 13 : Where an objection is received, the regional director should call for a hearing and direct the company to file an affidavit to record the consensus reached at the hearing and executing the order shall be filed within 60 days of filing the application.
Step 14 : Where the hearing has reached no consensus then the company shall file an affidavit specifying the manner in which the objection is resolved within a definite time period, for registered office change reserving the original jurisdiction to the objector for pursuing the legal remedies, after the change in registered office. Upon execution, the regional director must pass an order confirming or rejecting the alteration within 60 days of the filing of the application.
Step 15 : E-Form INC-28 for registration of order of regional director within 15 days from the date of receipt of a certified copy of the order.
Step 16 : E-Form INC-22 is filled for notice of change of office registered within 30 days of approval of the new address by the board with:
Form INC-22 filed with the required documents and fees with the registrar within 30 days of the change in registered office.
INC-23 is submitted with a copy of MOA, copy of the general meeting notice, copy of advertisement in Form INC-26, affidavit from directors, etc. with the registrar.
In addition to registration or incorporation, a business may require other registrations depending on the business activity undertaken. Talk to an Advisor to find out registrations your business may require post registration.
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