In this article, we will talk about how to update the change in office address of the company. As per Companies Act 2013, Every change of the situation of the registered office shall be notified to the Registrar within 15 days of the change. Hence, any change in the registered office of the company shall be filed with the ROC within 15 days in form INC- 22. To verify the situation of the registered office or the change in the registered office of the company, the government has prescribed rules 25 and 27 of the Companies Rules 2014 which have been summarized below.
Rule 27: Notice and verification of change of situation of the registered office
The notice of change of the situation of the registered office and the verification of the same shall be filled in form INC 22 along with the prescribed fees and shall be attached to the form above.
To verify the registered office of the company, the documents for verification (depending on the ownership status) of the registered office are mentioned below.
Copies of the utility bills mentioned below need to be attached in all the above cases. These should not be more than 2 months old.
The company has to pass certain resolutions such as the special resolution and the board resolution.
Change of Registered Office with a Different ROC but Same State
Incase the company wants to change the registered office from the jurisdiction of one ROC to the other ROC, it has to apply for the approval of the Regional Director (RD) in the manner prescribed in form INC- 23. Once the Regional Director confirms this change, it has to file the same confirmation the ROC within 60 days. The ROC shall confirm the change of the address within 30 days of the filing.
Change of Registered Office to Another State
The company needs to amend the Memorandum of Association to change the registered office from one state to another. A special resolution needs to the be passed by the company for alteration of the MOA. This resolution needs to be filed with the ROC in form MGT-14 within 30 days of the resolution being passed. To change the registered office from one state to another, the company needs to get the approval of the CG in form INC- 23. The documents to be attached along with the application in form 23 are mentioned below.
Central government shall dispose of the change of registered office application outside the state within 60 days of the application and before passing it may confirm that the change is with consent of the creditors, debenture holders etc. The approval given by the Centre shall be filed with the registrars of both the states in which the old and the new registered office is situated. The registrar of the state wherein the new office will be located shall register the same and issue a fresh certificate of incorporation.