Registered Office Change

Registered Office Change for Company

All letters, notices, and other correspondence from the Company's stakeholders must be recorded in public records at a location designated by the Company. Using the procedure specified in the Companies Act of 2013, we can change the Company's registered office at any moment. Section 12 of the Companies Act, 2013 states that a corporation "shall have a registered office capable of receiving and acknowledging all communications and addresses as may be addressed to".

 The significance of the registered office

You can communicate with the Company at the registered office for all intents and purposes.

It establishes the Registrar of the Company's jurisdiction.

In compliance with the Companies Act of 2013, the company can be contacted to verify all of its records and documentation.

As a result, the RoC and other stakeholders must be informed of any changes to the registered office.

Step 1: Finding the New Address

The first step in the procedure is to find a new address to replace the Company's registered address in accordance with local land rules.

Step 2: Sign the lease or rent agreement with the landlord

The Company should not move into the new location until all necessary paperwork, like a rent agreement or sale transaction, has been completed.

Step 3: Ask The Address Owner For A NOC

A NOC from the property owner is needed if the new address still needs to be owned. Get NOC for Business Office Here

Step 4: Hold a board meeting to embrace decisions

The board of directors adopted a resolution to change the registered address at a duly called meeting with a simple majority.

Step 5: ROC Intimation Through the INC-22 filing

The registration address change must be communicated within 30 days after the effective date by submitting Form INC-22.

Step 6: Replace all stationery and signage

Following a change in the registered address, the business must update its marketing collateral and billboards.

What needs to be done when the registered office changes?

The corporation must take the following steps to modify the location of its registered office after the formalities associated with the change are finished:

• Publicize the change in the registered office's location to the entire public.
• It should be updated if the Company's registered office address is indicated anywhere on the property.
• Create new articles of association and memorandum of association with the updated address.
• Update your address on all documents—invoices, emails, letterhead, etc.
• Modify the address on statutory registrations, such as the Income Tax Return (ITR), PAN, TAN, and GST, and get a new registration if needed.
• Modify your bank account's address.
• Change your address for services like power, water, and mobile. 

Legal Significance of a Company's Registered Office

For several reasons, a company's registered office is vital legally.

1. The court's jurisdiction over litigation matters:

The registered office is a crucial component to consider when defining the jurisdiction of courts in litigation cases. It specifies the courtroom where a lawsuit may be filed against the firm or where legal action may be taken against it.

2. Authority to Receive and Pay Stamp Duty:

The jurisdiction for the payment of stamp duties is determined largely by the location of the registered office. This guarantees adherence to pertinent regulations and expedites the accurate evaluation and remittance of stamp duties.

3. Examining Records and Registers:

The Companies Act of 2013 and other relevant legislation require that different registers and records be kept in the registered office. To ensure openness and legal compliance, authorities, shareholders, and other interested parties can view these records at the registered office

4. Determining the Status of Residence:

The registered office helps ascertain the corporation's residential status. This information establishes the precise location of the Company's official headquarters, which is necessary for legal and regulatory purposes.

Therefore, a company's registered office is not just a formal but also a legal requirement essential for defining jurisdiction, enabling regulatory compliance, and guaranteeing transparency in business activities.

Impacts for failing to comply

Should they fail to comply with the regulations regarding the change of registered office location, the Company and all individuals in default shall be subject to a penalty of INR 1,000 per day for each day that the default persists, up to a maximum of INR 1 Lac.

The ability to relocate a company's registered office inside city limits provides a streamlined and effective method of accommodating changing business requirements. The process improves organizational agility by giving boards the authority to make these choices without significant input from creditors or shareholders. Legal compliance and a smooth transition are ensured by submitting Form INC-22 within the allotted 30-day window, updating official documentation, and promptly informing relevant authorities. Companies can strategically position themselves for operational optimization by changing the registered office location within the local jurisdiction, which promotes growth and agility in response to shifting business situations.

Lawgical Adda offers its clients comprehensive advice regarding a company's registered office and company incorporation services. The professionals will help you with the company incorporation process and provide you with information about a company's registered office.