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An Overview
Change in Registered Office Address
Section 12 of the Companies Act of 2013 states that all businesses, including LLPs, must have a registered office at the time or within 30 days of registration. The primary place of business for a corporation or LLP is its registered office address. The Ministry of Corporate Affairs (MCA) sends formal letters to that location. Therefore, the RoC or MCA must be notified of any change in registered office's address.
A business may have several locations, including a corporate office, a branch office, an administrative office, and much more. However, the MCA should only be informed of the registered office address. There is no requirement to notify the RoC or MCA about the formation or modification of the address of the company's additional offices.
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Procedure for Change in Registered Office Address
Let’s dig in and go through the procedure that needs to be followed during the change in registered office address as provided in the Companies Act, 2013:
Shifting Within the Same City (Within Municipal Limits)
The most common change of registered office is shifting from one location to another within the same city (e.g., upgrading from a startup hub in Bengaluru’s Koramangala to a larger office in HSR Layout within Bengaluru)
- Process: Simplest and fastest
- Approval: Only Board Resolution
- Filing: File Form INC-22 with ROC
- Timeline: 7-10 Days (Shorter possible)
Relocating Between Two Cities (Within the Same State & ROC)
Moving to another city within the same state (e.g., shifting from Bengaluru to Mysore in Karnataka) and the jurisdiction of the same ROC: In most states, only one ROC exists, except Maharashtra and Tamilnadu.
- Process: Simple and Online
- Approval: Consent of 75% shareholder
- Filing: Submit MGT-14 & Form INC-22
- Timeline: 30–45 days (Shorter Possible)
Transferring Between Two ROC (Within the same state)
Shifting the registered office from the jurisdiction of one ROC to another within the same state of Maharashtra or Tamilnadu (for example, moving from Mumbai to Pune in Maharashtra or Vice Versa)
- Process: Online but complicated
- Approval: Regional Director of MCA
- Filing: File Form INC-23 to RD Office + INC-22
- Timeline: 30–60 days
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Change Your Business Objectives
What is the penalty for non-compliance regarding registered office provisions under the Act?
A company must comply with all the provisions of the Act. Non-compliance with the provisions of the Act will attract penalties. The company and every person in default will be liable for a penalty of Rs.1,000 for every day the default continues but not exceeding Rs.1 lakh.
Is a registered office the same as a head office?
Each business has a principal place of business that characterises the personality of the substance and its place of home. The chief place of business is called the registered office and when there is an occurrence of partnership or different business from the chief place, such address is called it’s head office. However, there is not much difference between a registered office and the head office. The business conducted in the office would determine the operations of the office.
Can I change my registered office from a commercial address to a residential address?
Yes, the address can be shifted from a commercial address to a residential place, since a registered office can be kept at a residential address too.
Can I change my registered office immediately after company incorporation?
Business objectives are the clear, quantifiable outcomes that organisations seek to retain as they expand. Analysing, evaluating, and comprehending where you are now and where you want to be in the future are required.
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