Registered Office Address change

How to change the address of a registered office?

The registered office of a company is a place where all the communication related to business is held. In addition to a registered office, a company can also have a corporate office, branch, factory, or administrative office. However, the registered office of a company in India must be registered with the Ministry of Corporate Affairs, the other branches and offices can be opened by a company without any prior intimation to the ROC.

The registered office of the company in India will determine the domicile of the company (state of Incorporation). The ROC will be determined by the state or location in which the registered office of the company is located. In case there is a change of address in the registered office of a company the ROC must be notified within 15 days.

Why is the registered office address important?

While incorporating a Private Limited Company it is important to declare the registered office of the Company and to submit the relevant documents. Here is the list of documents to be submitted while declaring a registered office of a company during the incorporation of the company:

• Electricity Bill/Water Bill/ Property Tax Receipt.
• NOC from the Landlord in case if the place is rented.
• Rent or the lease agreement between the landlord and the company.

The name and the address on the electricity bill/water bill/ property tax receipts should exactly match the NOC certificate by the landlord and the rental agreement. There is no such requirement for the registered office to be a commercial or industrial property. Also, the registered office cannot be vacant land or a building that is under construction. The registered office of a company can also be a residential property.

If the company has not decided the registered office of the company while filing for incorporation. The Companies Act,2013 also provides the option for the company to declare a temporary address. The registered office of the company should be declared by filing INC22 within 15 days of incorporating a company.

Rule 27: Notice and verification of change of situation of the registered office

The notice of the change in address of the registered office and the verification about the same shall be filled in form INC 22 along with the fees that are prescribed and shall be attached to the form above. The documents and how they are to be verified are mentioned in the terms of sub-section (2) of section 12.

The documents should be attached in the prescribed format with the Form INC-22 both for giving intimation of the registered office at the time of incorporation and the time there are changes in the registered office to verify the registered office of the company. The documents that are to be verified of the registered office are mentioned below:

• Suppose the registered office is owned by the company itself then the conveyance deed of the property is required in the of the company.
• In case the registered office is leased or rented then the lease deed or the rent agreement and the rent receipts are required. The rent receipts should not be older than one month.
• If the Director or any other person is the owner and the premises are not on lease by the company, the company is required to attach the proof that the company is permitted to use the place as the registered office. Then this may act as a ‘No Objection Certificate’ from the owner.
• Copies of the utility bills that are mentioned below should also be attached in all the above cases. The bill is required to bear the name of the company along with the address that is used as the registered address of the company. These bills should not be elder than 2 months.

• Mobile bill
• Telephone bill
• Electricity Bill
• Gas Bill

• Resolutions such as the special resolution and the board resolutions are to be passed.
• A Special resolution is to be passed in a general meeting if there is any change in the registered office to a place that is outside the local list of the city, town, or village where the office is currently located.
• A board resolution is to be passed to enable the authorization of the director and then submit the Form INC-22.

Once the receipt of approval for all the forms that are filed with the MCA the procedure for changing the address of the registered office gets completed. A company needs to update the address at all the applicable places. The new address should be changed on the PAN, TAN, Bank accounts, all other registrations, and the licenses, alteration in each of the MOA.