Register Office Change
The registered office serves as the primary location for official business communications and legal correspondence. In addition to a registered office, a company may have a corporate office, branch, factory, or administrative facility. However, in India, a company's registered office must be officially registered with the Ministry of Corporate Affairs (MCA), whereas other business locations can be established without mandatory notification to the Registrar of Companies (ROC).
A company's official address in India determines its state of incorporation and the jurisdiction of the Registrar of Companies (ROC). The ROC is assigned based on the state or region where the company's registered office is located. If the company relocates its registered office, it must notify the ROC within 15 days to ensure compliance with regulatory requirements.
- When setting up a Private Limited Company, it's crucial to specify the company's registered office and provide the necessary documentation. Below is a checklist of documents required for declaring a company's registered office during its incorporation:
1) Utility bills such as Electricity, Water, or Property Tax Receipts.
2) No Objection Certificate (NOC) from the Landlord for rented premises.
3) Rental or Lease Agreement between the company and the landlord. - Ensure that the details on the utility bills and property tax receipts align precisely with the NOC certificate and the lease agreement from the landlord. The registered office need not be solely a commercial or industrial location; it can also be a residential property. However, it cannot be an empty plot or a property under construction.
- If the company hasn't finalized its registered office during the incorporation process, the Companies Act of 2013 allows for the declaration of a provisional address. This address should be officially registered by submitting form INC22 within 15 days post the company's incorporation.
- Once a company declares its registered office through the INC 22 form, any subsequent changes to this address must be communicated to the ROC. Should the alteration be within the same locality, city, or village, it's essential to report it within 15 days by submitting the appropriate documentation.
- If relocating the registered office involves moving beyond the boundaries of the current city, town, or village, the company must secure approval through a special resolution. For shifts from one ROC jurisdiction to another, endorsement from the Regional Director of the respective ROC is mandatory.
