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Change in Address

As the change in directors of the company must be carries out gradually and slowly because of what it represents. Similarly, is the change in the registered office address of the company, firm or the organization which must be carried out gradually and slowly because of what the registered office address represents. One must note that the organization's, firm's or the entity's is not affected economically because of the economic changes that arise due to change in registered office address of the company, firm or the entity.

It occurs because of the fact that the registered office address represented something, the board of directors represented something, it is because they stand and means something. And changes in that makes the changes in the business activities of the company. Thus because of this many a times the changes done on the organization, firm, company or the entity result in the fall of economic activity of the concerned firm or the organization.

Also, the companies, organizations or the firms must keep in mind that changing the registered office address represents a major change in the company's values and other things on a deeper level. Thus, one must keep in mind the fact that how this particular decision taken would affect the holistic environment of your organization or the company.

One might wonder whether these changes actually represent or reflect something on a very deeper level. Yes, it is true they, might appear to you just some documental formality but to your employees and clients it represents something more tot them, for them it is not a documental formality, for them it is something more than that which cannot be explained in words.

The change in the registered office address is a very complex and hence is generally done only when most required. The registered office address of the company is the channel of communication through which all the registered official address of the company. Thus, while changing the registered office address, the firm, organization, and entity's must keep in mid all the details regarding the plan of change among other things in the changes done.

A company shall, on and from the fifteenth day of its incorporation and at all times thereafter, have a registered office capable of receiving and acknowledging all communications and notices as may be addressed to it.
The company shall furnish to the Registrar verification of its registered office within a period of thirty days of its incorporation in such manner as may be prescribed.
Notice of every change of the situation of the registered office, verified in the manner prescribed, after the date of incorporation of the company, shall be given to the Registrar within fifteen days of the change, who shall record the same.
Therefore, notice of every change in the registered office of the company is to be filed with the ROC in form INC-22 within 15 days of such change.

Verification of registered office

The verification of the registered office shall be filed in Form No. INC-22 along with the fee and
There shall be attached to said Form, any of the following documents, namely:
The registered document of the title of the premises of the registered office in the name of the company; or
The notarized copy of lease/rent agreement in the name of the company along with a copy of rent paid receipt not older than one month;
The authorization from the owner or authorized occupant of the premises along with proof of ownership or occupancy authorization, to use the premises by the company as its registered office and
The proof of evidence of any utility service like telephone, gas, electricity, etc. depicting the address of the premises in the name of the owner or document, as the case may be, which is not older than two months.

Notice and verification of change of situation of the registered office

The notice of change of the situation of the registered office and verification thereof shall be filed in Form No. INC-22 along with the fee and shall be attached to said Form, the similar documents and manner of verification as are prescribed for verification of Registered office on incorporation as above in terms of sub-section (2) of section 12.

For the purpose of verification of the registered office of the Company, the documents as prescribed in Rule 25 are to be attached with the Form INC-22 both for giving intimation of the registered office at the time of incorporation and at the time of any change in the registered office thereafter.

Change of Registered office from one state to another state

For changing the Registered office from one state to another, the company needs to amend the MOA.
A special resolution needs to be passed by the company for alteration in the MOA. This special resolution also needs to be filed to the ROC in Form MGT-14 within 30 days of passing the resolution.
For changing the Registered office from one state to another, the company needs to get the approval of the CG in form INC-23. Following documents are to be attached alongwith the application in form INC-23 for change of registered office from one state to another:
A copy of the memorandum and articles of association
A copy of the notice convening the general meeting along with relevant Explanatory Statement;
A copy of the special resolution sanctioning the alteration by the members of the company;
A copy of the minutes of the general meeting at which the resolution authorizing such alteration was passed, giving details of the number of votes cast in favour or against the resolution
An affidavit verifying the application
The list of creditors and debenture holders entitled to object to the application;
An affidavit verifying the list of creditors
The document relating to payment of application fee
A copy of board resolution or Power of Attorney or the executed Vakalatnama, as the case may be.
The Central Government shall dispose of the application for change of registered office outside the state within a period of sixty days and before passing its order may satisfy itself that the alteration has the consent of the creditors, debenture-holders and other persons concerned with the company.
The approval of the CG shall be filed with the Registrars of both the states in which the old and the new registered office of the company are situated.
Registrar of the State where the registered office is being shifted to, shall register the change, and shall issue a fresh certificate of incorporation indicating the alteration.