Mandatory Annual Filings
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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.
All the required paperwork along with Form INC-22 has to be filed every time the registered office alters its business address. All the list of documents has to be verified by the registered office.
The following documents have to be submitted without fail.
In all of the aforesaid circumstances, papers of the utility should be documented. The address that serves as the company’s registered address must also be included in the bill along with the firm name. 2 months is the major period provided for filing and should not be crossed. Gas, electricity,phone bills, board resolutions and special resolutions must be adopted.
The board members should pass a resolution to permit the director’s authorisation to move the company to a property owned by the director.All the paperwork should be submitted along with Form INC-22. Subsequently, the MCA will initiate the change in registered office of company.
A company needs to change company address in all the required places.The PAN, TAN, and bank accounts, along with all other registrations, licenses, and changes to each MOA should all be updated with the new address.
Compliances for changing a company’s registered office outside of city limits but under the jurisdiction of another ROC within the same state are as follows:
The Board of Directors should adopt a resolution calling for an EGM | At the EGM, the company must pass a special resolution | Within 30 days of the resolution’s passage, the special resolution will be submitted to ROC along with MGT-14.
Compliances for changing a company’s registered office from one state to another are as follows:
The Board of Directors should adopt a resolution calling an EGM | For the change of registered office and modification of the Memorandum of Association, the company must pass a special resolution at the EGM | Within 30 days of the resolution’s passage, the special resolution will be submitted to ROC along with MGT-14.
At least one month before applying for Regional Director, the company should publish a public notice in the newspaper about the change of registered office | All debenture holders, creditors, and depositors should be individually notified by the company. So that if their rights are violated, they can notify the Regional Director. This information should be provided within 21 days of receiving notice | The company can submit an application to the Regional Director using form INC-23 | If the Central Government is satisfied, it will issue confirmation within 60 days of the application’s receipt.
Under different circumstances, an organisation can decide to change its functioning address. However, in this situation, it is mandatory to follow a proper procedure. The overall procedure to alter a company’s official address is clearly described by the Ministry of Corporate Affairs (MCA). It is crucial to follow the same procedure to avoid any penalties. Address changes are broadly classified into four different types. The process for each type varies optimally.
Initially arrange a company board meeting and pass the resolution file Form INC-22 with the MCA within 30 days of passing the resolution provides business address proof and NOC from the owner.
In this scenario the company should apply for approval with the regional director through Form INC-23. After passing the change resolution it has to be filed with the ROC within 60 days. Change in address will be initiated within the next 30 days of filing the application.
Bigger states like Tamil Nadu and Maharashtra have different ROCs. There is a completely different procedure in this case.
In this scenario, the MOA of the company completely changes.
The three common circumstances under which a company changes in address of registered office is as follows:
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