A change in registered address of a company refers to the process
of modifying the official address recorded in the public register
of the company’s legal jurisdiction. This change may occur when a
company relocates its physical business premises or chooses to
update its mailing address for legal or administrative reasons.
The process generally involves submitting the necessary
documentation to the relevant government authority and informing
key stakeholders, including customers, vendors, and regulatory
bodies, of the new address. The specific steps and requirements
for changing the registered address may vary depending on the
company’s legal jurisdiction.
The registered office of a company or LLP serves as its primary
location for conducting business activities, maintaining statutory
records, and holding general meetings. It is crucial that this
address remains effective for receiving official communications
from the Ministry of Corporate Affairs.
The procedure for changing the registered office is governed by
Section 12 of the Companies Act, 2013 and the Company
(Incorporation) Rules, 2014. Here are the key guidelines:
1. Change within Local Limits:
If the registered office is relocated within the local limits
of any city, town, or village where it is currently situated,
a notice must be sent to the concerned Registrar in form
INC-22 within 30 days from the date of change.
2. Change within the State: If the registered office is
moved from one village, town, or city to another within the
same state, it requires approval through a special resolution
passed by the company or LLP.
3. Inter-State Change: Relocating the registered office
from one state to another necessitates a special resolution
passed by the company or LLP, along with confirmation from the
Company Law Board. Additionally, an advertisement announcing
the proposed change must be published in newspapers, and
notice must be provided to the State Government.
Adhering to these procedures ensures compliance with legal
requirements and facilitates the smooth transition of the
registered office while maintaining transparency with stakeholders
and regulatory authorities
Documents Required for Change in Registered Office Address
Here is a refined and professionally worded version of the
requirements:
Certified Copy of Board Resolution
Evidence of Premises Ownership: Such as a copy of a Utility
Bill (e.g., electricity bill, water tax receipt) demonstrating
ownership.
Lease Deed or No Objection Certificate (NOC): Required if the
premises are leased, or owned by another entity,
respectively.
Procedure for Registration
Here is a refined and legally precise version of the steps
involved in changing the Registered Office address of a company:
Step 1:
Registered Office Change Consultation:
Legal Suvidha Providers offer efficient assistance for changing
the Registered Office address of your company. The procedure
varies based on the specifics of the change. Our experts will
provide tailored guidance on the applicable procedure.
Step 2:
Board Resolutions: Upon determining the necessary steps
for changing the Registered Office, our experts will draft the
requisite Board Resolutions required for initiating the process.
Step 3:
Documentation and Filing: Following the approval of Board
Resolutions, our experts will meticulously prepare and submit the
necessary documentation to the Ministry of Corporate Affairs for
official registration of the Registered Office address change.
This structured approach ensures compliance with regulatory
requirements and facilitates a seamless transition of the
company's Registered Office address with expert guidance
throughout the process.
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Change in Registered Office Address FAQ's
Why would a company change its registered office address?
A company may change its registered office address for several reasons, such as relocating to a larger or more strategic location, closing operations in one area, moving closer to key markets, or complying with new regulations or business needs.
Does a change in registered office address affect the company’s legal status?
No, changing the registered office address does not affect the company’s legal status or its registration number. The company remains the same legal entity, and the only change is the location where official communications are sent.
Is it mandatory to inform authorities about a change in registered office address?
Yes, it is mandatory to inform the relevant authorities, such as the Ministry of Corporate Affairs (MCA) in India, about a change in the registered office address. Failing to do so can result in penalties or legal complications as the registered address is used for official correspondence.
Can a company change its registered office address multiple times?
Yes, a company can change its registered office address as many times as needed, provided the necessary approvals and legal steps are followed. However, frequent changes might cause confusion and may raise concerns among stakeholders regarding the company’s stability or intentions.
Does a change in registered office address affect the company’s existing contracts or relationships?
A change in the registered office address does not affect existing contracts or relationships. However, the company must inform its clients, vendors, employees, and other stakeholders to ensure that all official communications are directed to the new address.
Will the company’s name or legal structure change if the registered office address changes?
No, the company’s name or legal structure remains unchanged when the registered office address is altered. Only the location where the company’s records and correspondence are maintained changes.
Do the shareholders or board members need to approve the change in registered office address?
Yes, the board of directors typically needs to approve the change in the registered office address. Depending on the company’s articles of association and jurisdiction, shareholder approval may also be required if the change involves shifting to another state or region.
How does a change in registered office address affect tax filings and records?
The registered office address is used for tax filings and other official communications. When the address changes, the company must update its records with tax authorities, including the GST registration, and ensure that all future correspondence is sent to the new address.
Can a company change its registered office address if it is undergoing financial difficulties?
Yes, a company can change its registered office address regardless of its financial situation. However, such a change may need to be carefully communicated to creditors, shareholders, and other stakeholders, especially if the relocation signifies restructuring or operational changes.
How does a change in registered office address impact the company’s official documents and communications?
A change in the registered office address will require the company to update its official documents, including letterheads, invoices, legal agreements, and its website. All future official communications will need to reflect the new address to avoid confusion and ensure compliance with regulatory requirements.
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