Advantage
The registered office address is important for a company or business entity as it serves as the official address of the company where all the official communications and legal notices are sent by the government authorities, regulatory bodies, and other stakeholders. It is also the address where the company keeps its statutory records, such as books of accounts, registers, and other important documents. Moreover, the registered office address is used for the purpose of determining the jurisdiction of the company and for the service of legal process. Thus, having a valid and updated registered office address is crucial for the smooth functioning and compliance of a company.
Types of changes in a registered office
Under different circumstances, an organisation can decide to change its functioning address. However, in this situation, it is mandatory to follow a proper procedure. The overall procedure to alter a company’s official address is clearly described by the Ministry of Corporate Affairs (MCA). It is crucial to follow the same procedure to avoid any penalties. Address changes are broadly classified into four different types. The process for each type varies optimally.
- Within the same city:In this scenario the company should apply for approval with the regional director through Form INC-23. After passing the change resolution it has to be filed with the ROC within 60 days. Change in address will be initiated within the next 30 days of filing the application.
- Within the same state and ROC:Bigger states like Tamil Nadu and Maharashtra have different ROCs. There is a completely different procedure in this case.
- From one state to another:In this scenario, the MOA of the company completely changes.
- Initially, a board meeting has to be initiated and the resolution should be passed
- All the resolution regarding the change in address of the registered office has to be finalised in the MOA
- Subsequently MGT-14 has to be filed with the MCA in the next 30 days
- An advertisement should be published regarding the office change in both vernacular and English language within 30 days before the date of application
- Notice to all creditors and other partners should be passed down
- The regional director should be intimated regarding the registered office change with the documents
- In case of an objection a central government hearing is provided
- All the necessary orders will be passed
- After getting confirmation from the regional director the ROC will update the address within 30 days from the date of the order
- Form INC-22 has to be filled with the ROC along with the mandatory documents.