CHANGE IN REGISTERED OFFICE ADDRESS OF BUSINESS

The services provided by K M Gatecha & Co LLP are:

• Guidance on the pre and post process of changing address,
• Collection of documents,
• Filling of forms,
• Filing the forms and registering the request with the respective Registrar of Companies,
• Following up with status of application.

Different classifications under change in registered address:

• Within the same city,
• Outside the city but under the same ROC,
• Outside the city but under different ROC,
• To another state.

Compliances related to change of address

Before Change of Address:

• Common compliances/process of change of address for all classifications:
  • A Board meeting is to be conducted by the company and a resolution is to be pass for calling the Extraordinary General Meeting (EGM),
  • In EGM a Special Resolution is to be passed.
• Additional Compliances:
  • For within same city:
    • The company needs to file Form INC-22 with the ROC within 15 days of passing the Board Resolution.
  • Outside city but same ROC:
    • Form INC-22 and MGT-14 must be filed within 30days of passing of Special Resolution.
  • Outside city and different ROC:
    • Form INC-23 must be filed to the Regional Director for approval,
    • Form MGT-14 is to be filed within 30 days of Special Resolution,
    • Notice of change of address needs to be published, one month before filing of application, in a daily English newspaper and principal language newspaper,
    • Individual notice is to be served to each depositor, debenture holder and creditor one month before filing,
    • Confirmation Notice is to be acquired from Regional Director and the same must be filed with the ROC in Form INC-22 within 60 days from receipt of confirmation.
  • Other State
    • All requirements from above,
    • Approval given by Central Government is to be filed in Form INC-28 with ROCs of both states (old and new registered office).

Compliance after Change of Address

• Issuance of general notice in form of advertisement in newspaper to inform all members and stakeholder about the change of address,
• Printing of new MOA,
• Changing the office address outside all premises of business,
• Change of address in all printed stationary (letterheads, invoices etc.),
• Update address with all banks and financial institutions related to the company,
• Update of address in TAN and PAN,
• Update the address in all utility service providers to the company,
• Update the address with government authorities such as Customs, Central Excise, Service Tax and Sales Tax.

Basic documents Required (for change of office within same city):

• NOC from property owner, if office is on leased or rented land,
• Rent/lease agreement,
• Proof of address (any utility bills not older than 2 months.

Additional Documents:

• For outside city but under same ROC:
  • Copy of the special resolution.
• For outside city but different ROC (to be filed with Form INC-23:
  • Board resolution for changing the address,
  • Declaration by any two directors or key managerial personnel authorized by the Board, stating that the company has not defaulted in paying its dues to its workers and has obtained creditors’ consent for shifting the office,
  • Acknowledge copy of intimation made to the Chief Secretary of the state.
• For another state:
  • Copy of MOA with proposed alterations,
  • Copy of minutes of meeting of EGM,
  • List of all debenture holder and creditors with statement of balance,
  • Declaration signed by at least 2 directors and the Company secretary, stating that list of creditors given is complete,
  • Declaration that no employee will be retrenched.