SHIFTING REGISTERED OFFICE
| Basic | Advance |
|---|---|
| ✔ Roc Filing | ✔ Roc Filing |
| ✔ Documentation | |
| ✔ Professional Consultancy |
Shifting Registered Office in India
Comprehensive Guide to Shifting Registered Office in India
Shifting the registered office of a company in India is a significant decision that involves various legal and procedural requirements. This guide aims to provide a detailed overview of the process, key considerations, and the benefits and drawbacks of changing your company’s registered office location.
Introduction to Shifting Registered Office Registration in India
A company’s registered office is its official address recorded with the Registrar of Companies (ROC). This address is where all formal communications and legal documents are sent. According to the Companies Act, 2013, and the Companies (Incorporation) Rules, 2014, companies must follow specific procedures to shift their registered office, depending on whether the move is within the same city, to a different city, or another state.
What is Shifting Registered Office Registration?
Shifting the registered office involves updating the official address of the company with the ROC. The process requires board meetings, shareholder approvals, and filings with the ROC. The steps vary based on the nature of the move.
Essential Licenses and Registrations for Shifting Registered Office in India
When shifting your registered office, it is crucial to update all licenses and registrations associated with your business. This includes GST registration, professional tax registration, and any industry-specific licenses.
Advantages of Shifting Registered Office in India
- Better Location: Closer proximity to clients, suppliers, or better facilities and transport links.
- Expansion: Accommodating a growing team or following a merger or acquisition.
- Cost Savings: Reducing rent, taxes, or operational costs.
- Market Reach: Tapping into new markets or being closer to a specific customer base.
- Legal Compliance: Adhering to laws or regulations requiring the company to be in a specific area.
- Enhanced Image: Moving to a prestigious area to improve the company’s image and attract clients and investors.
Disadvantages of Shifting Registered Office in India
- Cost: The expenses involved in the relocation process.
- Disruption: Potential disruption to business operations during the move.
- Regulatory Compliance: The need to meet various legal and procedural requirements.
- Employee Relocation: Challenges associated with relocating employees.
Registering a Shifting Registered Office Online in India
You can register the shift of your registered office online through the Ministry of Corporate Affairs (MCA) portal. The process involves filling out necessary forms and uploading required documents.
Importance of Registering a Shifting Registered Office in India
Proper registration ensures that all legal documents and communications reach the new address without any issues. It also helps in maintaining transparency and compliance with regulatory authorities.
Procedure for Shifting Registered Office Registration in India
1. Within Local Limits of City, Town, or Village
- Board Meeting:
- Pass a Board Resolution for shifting the registered office.
- Authorize company officials to handle e-filing and other necessary actions.
- Filing with ROC:
- File Form INC-22 with the ROC within 15 days, along with a certified copy of the Board Resolution, proof of the new address, and any necessary lease documentation.
- Updating Company Records:
- Update the registered address on all official documents, including letterheads, banners, and signboards.
2. From One City to Another Within the Same ROC Jurisdiction
- Board Meeting:
- Pass a Board Resolution for shifting the registered office.
- Authorize officials to take necessary actions.
- General Meeting Notice:
- Dispatch the notice for a General Meeting to all shareholders, directors, and auditors.
- General Meeting:
- Pass a Special Resolution for the shift.
- Filing with ROC:
- File Form MGT-14 within 15 days of passing the Special Resolution.
- File Form INC-22 with the necessary documents.
- Updating Company Records:
- Update the registered address on all official documents.
3. From One ROC Jurisdiction to Another Within the Same State
- Board Meeting:
- Pass a Board Resolution for shifting the registered office.
- Authorize officials to take necessary actions.
- General Meeting Notice:
- Dispatch the notice for a General Meeting to all shareholders, directors, and auditors.
- General Meeting:
- Pass a Special Resolution for the shift.
- Filing with ROC:
- File Form MGT-14 within 30 days of passing the Special Resolution.
- File Form INC-22 with the necessary documents.
- Updating Company Records:
- Update the registered address on all official documents.
4. From One State to Another
- Board Meeting:
- Pass a Board Resolution for shifting the registered office.
- Authorize officials to take necessary actions.
- General Meeting Notice:
- Dispatch the notice for a General Meeting to all shareholders, directors, and auditors.
- General Meeting:
- Pass a Special Resolution for the shift.
- Filing with ROC:
- File Form MGT-14 within 30 days of passing the Special Resolution.
- File Form INC-23 with the Regional Director for approval.
- State Government Notification:
- Notify the Chief Secretary of the state about the proposed shift.
- Filing with ROC:
- Once approved, file Form INC-22 with the necessary documents.
- Updating Company Records:
- Update the registered address on all official documents.
Application for Registration of Shifting Registered Office in India
The application involves filing necessary forms with the ROC and providing required documents such as Board Resolutions, proof of new address, and lease agreements (if applicable).
Compliance and Maintenance of Shifting Registered Office in India
Post-shift, ensure compliance by updating all relevant government authorities and maintaining updated records of the new registered office address.
Key Steps to Remember for Shifting Registered Office Registration in India
- Conduct Board Meetings and pass necessary resolutions.
- Obtain shareholder approval through General Meetings.
- File required forms with the ROC in a timely manner.
- Update all company records and official documents.
Eligibility Criteria for Shifting Registered Office Registration in India
Any company registered under the Companies Act, 2013, can apply for shifting its registered office, provided it follows the prescribed procedure and complies with regulatory requirements.
Contact Bharat Filing Point for Assistance
Navigating the complexities of shifting your company’s registered office can be challenging. Bharat Filing Point offers expert guidance and support to ensure a smooth transition.
Contact Us:
- Email: info@bharatfilingpoint.com
- Website: www.bharatfilingpoint.com
Prepared for a seamless transition of your company’s registered office? Talk to our experts today and ensure a smooth, hassle-free change!
Company Annual Filing Pvt vs LLP
| FEATURES | Pvt | LLP |
|---|---|---|
| DOCUMENTS | Appointment of Auditor - ADT 01, INC 20 A form filing, DIR 3 KYC (For 2 directors), Accounting & Bookeeping(Upto 100 transactions), Financial statement preparation, Accounting software (1-year license), AOC 4, MGT 7 & ADT filing, Annual filing(Upto turnover of 20 lakhs), Facilitation of Annual General Meeting, Preparation of Minutes & Filing of AGM Report, GST Returns Filings (12 Months), One Year Income Tax filing(Upto turnover of 20 lakhs), Statutory regulations PF, ESI, TDS*, Payroll, PF & ESI filing (Up to 5 employees). | Form 8 & 11 filing(One year), DIR 3 KYC (For 2 directors), Accounting & Bookeeping(Upto 100 transactions), Financial statement preparation, Accounting software (1-year license), GST Returns Filings (12 Months), One Year Income Tax filing(Upto turnover of 20 lakhs), Statutory regulations PF, ESI, TDS*, Payroll, PF & ESI filing (Up to 5 employees). |
| Time | 7-9 working days | 7-9 working days |
Documents Required for Shifting Registered Office in India
The documents required for shifting a registered office in India include:
- Application as per Section 13(4) of the Companies Act, 2013
- Certified true copy of Board Resolution in Board Meeting and Special resolution in EGM
- Altered MOA & Existing MOA & AOA of the company
- Notice for calling General Meeting along with relevant explanatory statement
- Copy of minutes of General Meeting at which resolution is passed
- Power of Attorney/Vakalatnama
- Affidavit verifying the application
- List of Creditors and debenture holders with their details
- Declaration duly signed by the company secretary and directors verifying the list of creditors and debenture holders
- Copy of newspaper cutting related to publication of notice
- NOC from creditors
- Chartered Accountant certificate for list of creditors in the company
- Memorandum of acceptance
- Copy of acknowledgment regarding proof of dispatch of complete set of application to RD and ROC
- Copy of acknowledgment of filing petition to ROC & Chief Secretary/ lieutenant Governor
- Declaration stating that a copy of the application has been filed to chief secretary or lieutenant governor
- Declaration that no employee shall be retrenched due to the shifting
- Copy of response received from persons affected by the shifting
- Copy of individual notices sent to creditors and debenture holders
- Affidavit verifying dispatch and serve the notice along with newspaper cutting regarding change of registered office
- Copy of RD order
- List of companies having the same registered office
- Certified true copy of Board Resolution for change in registered office
- Proof of registered office address
- Copy of utility bills
- Proof that the company is authorized to use the address as the registered office
- Details of inspection/Enquiry pending or filed against the company and its officer in default
- Documents related to passing of resolution through postal ballot, if applicable
- Any other documents demanded by regulatory authority RD/ROC or any other authority.
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