REGISTER OFFICE CHANGE

A registered office is the place which acts as an official communication place for the company where the directors can be contacted. An office is required for every company, at least an address is required at first during registration. This address of office needs to be registered with MCA. A company can have multiple admin office or factories or branch offices but company should register the main office only. All other offices in various locations can be opened without informing the ROC. The location of the company decides the domicile of the company and also its ROC. If the company wants to make any changes to the registered office then they should notify ROC within 15 days.

Since, at the time of company incorporation, company does not require an official office or the address provided doesn't have to be commercial or industrial property and moreover it can be residential property. Hence, it is possible that company officials may want to change the address of their company at a later time.

The change of registered office could be of 3 types:-

1) Within the same city and same ROC
2) In a different city within the same state and same ROC
3) To a different state and therefore a different ROC.

Within the same city and same ROC

>> This is the simplest process since it comes under the same city and same ROC. This company would have to arrange a General Meeting and would have to pass a resolution to change the registered office.
>> Then, within 30 days of the board resolution being passed, the company has to file the INC-22 form with MCA and will have to submit board resolution, some address proof, NOC or rent agreement.

In a different city within the same state and same ROC

>> For this process of changing the address under the same ROC but different city you would need permission from all stakeholders
>> For this company we would have to arrange a meeting and would have to pass a resolution to call the EGM.
>> In EGM you would have to discuss and pass a resolution for changing the registered office.
>> Unlike for the same city change, the company will have to file the form MGT-14 along with INC-22 with MCA.
>> Then, within 30 days of the board resolution being passed, the company has to file the INC-22 form with MCA and will have to submit a board resolution, some address proof, NOC or rent agreement.

Changing office from one state to another state

>> For changing the address of the company from one state to another you would need to alter the MOA of the company and you would need to hold a meeting and pass a resolution for EGM.
>> In EGM you will have to discuss and pass a resolution for changing the registered office and also for alteration of MOA and file MGT-14. And then you would need to publish an advertisement of shifting your office.
>> This advertisement should be published in at least 1 vernacular newspaper and also in an English newspaper. The company should also send a notice to all of its creditors and any other officials that are a part of the company by any nature.
>> Then the company would need to file an application to the regional director. If in due process if any objection is received then proper hearings will be made along with the Central Government.
>> If no objection is received, then the company must file the confirmation received from the Regional Director within 30 days from the date of the order and must file Form INC-22 for shifting of office.