A Company incorporated under the new companies act 2013 or prior to that must be having a principal place of business which is known as registered office of the company.
Such requirement is mandatory as per company law and the company has to file e-Form INC22 at the time of incorporation or within 30 days from the date of incorporation stating the situation of registered office of the company.
As per the companies act 2013, it’s mandatory for each and every company to intimate changes to the situation of registered office within 15 days from the date when such change takes place.
As per rule 25 of companies (incorporation) rule, 2014, a company is required to submit e-Form INC22 with following documents as an attachment to change its principal place of business;
- Notarized copy of lease or rent agreements along with the rent receipts.
- Authorization of the owner or landlord stating that they do not have any objection to have company’s registered office at their owned place.
- Utility bills like telephone, electricity, gas connection etc having the house owner’s address in it. These bills should not be older than 2 months.
This means, in case of any changes to the situation of registered office, the company has to file e-Form INC22 along with attachments with the register of companies within 15 days from the date of such changes.
In case of owned premises, registered proof of ownership in the name of the company is required to be filed along with INC-22. Company can also attached certified true copy of the resolution passed in the meeting to change company’s registered office.
As per the old companies act, 1956, duration for filing e-Form 18 (change in company’s registered office) was 30 days. Now e-Form 18 has been replaced with e-Form INC22 and duration has been changed from 30 days to 15 days from the date of change.
As discussed above, company’s registered office can be changed from a place to any other place in India. In this article we will discuss how to change company’s registered office from one place to another place within the same city or town or village as per provisions of Companies Act 2013.
Procedure to change company’s registered office within the city or town or village is very easy and simple.
In the first step, company is required to issue a notice to convey a meeting of the board of directors and then in that board meeting, pass a board resolution for change in situation of company’s registered office within the same city or village or town by clearly specifying the new address and old address.
Board resolution should authorize a director to file required e-Forms with ROC and to do all other formalities that are required to be done as per Companies act 2013.
In the second and last step, within 15 days from the date of change in company’s registered office, the company is required to file e-Form INC22 along with documents as discussed above with ROC.
After getting the e-Form approved, the new changed address of registered office will reflect in company’s master data at MCA site and new incorporation certificate with the changed address will be issued.
Specimen copy of board resolution to change company’s registered office within the city or town or village
“RESOLVED THAT pursuant to the provisions of section 12 of Companies Act, 2013 and any other provisions as applicable, if any, consent of board of directors of the company be and is hereby accorded to sift the registered office of the company from ………….. to…………………..
FURTHER RESOLVED THAT for the purpose of giving effect to this resolution, Mr. X, director of the company be and is hereby authorized, on behalf of the company, to do all acts, deeds, matters and things as deem necessary, proper or desirable and to sign and execute all necessary documents, applications and returns for the purpose of giving effect to the aforesaid resolution along with filing of e-Form INC22 as return of change in address of registered office with the registrar of companies”