Change Registered Office Address

SHIFTING OF REGISTERED OFFICE

During any course of time of the business, especially during its boon stage of life cycle of business, it may be expanded or shifted due to lack of space, upgrade the quality of space, technology, and popularity the face of the business tend to change/uplifted, hence the it needs to follow certain regulation for change in the address/telephone or anything that matter to being formed to the ministry and the stake holders for better management. As per Section 12 of the Companies Act, 2013. As per Section 12, every company is required on and from the 15th day of its incorporation and at all times thereafter to have a registered office which is capable of receiving and acknowledging all communications and notices as may be addressed to it. Companies are also required to furnish a verification of their registered office to the Registrar of Companies (ROC) within 30 days of the incorporation in the manner contained in the Rule 25 of Companies (Incorporation) Rules, 2014. After incorporation, whenever there is a change in the registered office of the company then, a notice of the change of the registered office along with a verification of the registered office in the manner contained in Rule 27 of Companies (Incorporation) Rules, 2014, needs to be filed with the ROC within 15 days of each change.

CATEGORIES OF DIRECTORS:

SHIFTING OF REGISTERED OFFICE WITHIN THE LOCAL LIMITS
SHIFTING OF REGISTERED OFFICE WITHIN THE OUTSIDE LOCAL LIMITS AND WITHIN THE JURDICTION OF SAME RoC
SHIFTING OF REGISTERED OFFICE WITHIN THE OUTSIDE LOCAL LIMITS AND THE WITHIN JURDICTION OF ANOTHER RoC
SHIFTING OF REGISTERED OFFICE FORM ONE STATE TO ANOTHER STATE

PROCEDURE FOR SHIFTING REGSITERED OFFICE –NORMAL NORMS

Form MGT 14 – for filing of special resolution- Within 30 days of passing resolution
Form GNL 1 - To be filed simultaneously with filing of form INC 23
INC 23 – Application to RD for seeking approval to shift the RO from one state to another- At least 1 month after serving notice to creditors and publication of newspaper advertisement
INC 26 – Advertisement to be published in news paper for change of RO from one state to another - At least 14 days before the date of hearing given by Regional Director
INC 28 – Certified copy of Central Government order(RD) to be filed with ROC- Within 30 days of passing of order
INC 22 - For shifting of RO- Within 15 days of order passed by RD

Documents Required

A Copy of MOA & AOA
Copy of notice convening General Meeting (GM) along with explanatory statement
Copy of Special Resolution sanctioning the alteration by members
Copy of Minutes of GM at which the resolution authorizing such alteration was passed, giving details of number of votes cast in favour and number of votes against
Affidavit verifying the application
List of creditors & debenture holders entitled to object to the application
Affidavit verifying list of creditors - (to be signed by company secretary, if any, and not less than two directors of the company one of whom shall be managing director, if any, stating that they have done full enquiry into the affairs of the company and, having done so, have formed a opinion that the list of creditors and value for them is correct to their knowledge)
Document relating to payment of application fee
Copy of board resolution or power of attorney or executed vakalatnama as case may be
An affidavit from the directors that no employee shall be retrenched as a consequence of shifting of RO