In the dynamic business environment, companies may need to change their registered office address for various reasons, such as business expansion, operational efficiency, or strategic considerations. Under the provisions of the Companies Act 2013, shifting the registered office of a company within the same state is a legal process that involves specific steps and compliance requirements.
Key Considerations for Shifting a Registered Offices within a State:
1. Board Resolution:
The first step is to convene a board meeting to pass a resolution approving the proposed change in the registered office address. Ensure that this decision is in the best interest of the company and is in accordance with the company’s Articles of Association.
2. Notice to Registrar:
A notice of the change of the registered office address must be filed with the Registrar of Companies (ROC) within 30 days of passing the board resolution. Form INC-22 should be submitted in the prescribed form along with the requisite fees.
3. Verification of Registered Office:
A practicing Company Secretary, Chartered Accountant, or Cost Accountant must verify and certify that the company’s registered office has been shifted to the new address. This verification is necessary before filing any documents with the ROC.
4. ROC Approval:
After filing the notice and verifying the registered office, the ROC will review the documents and, if everything is in order, issue a confirmation of the change of address. The new address will be updated in the company’s records.
5. Update Statutory Records:
It’s essential to update all statutory records and documents with the new registered office address. This includes altering letterheads, official stationery, and any agreements or contracts that mention the registered office address.
6. Communication with Stakeholders:
Inform all stakeholders, including shareholders, creditors, and regulatory authorities, about the change in the registered office address. This can be done through formal communication and by updating the company’s website and other public platforms.
7. Change in Correspondence Address:
Ensure that the correspondence address for the company is also updated with banks, insurance providers, government agencies, and any other relevant entities.
8. Compliance with Local Laws:
Be aware of any additional requirements or permissions that may be necessary under local state laws or regulations when shifting the registered office within a state.
9. Ongoing Compliance:
After successfully shifting the registered office, the company must continue to comply with all statutory requirements, including annual filings and updating any changes with the ROC promptly.
Shifting the registered offices within a state is a significant decision for a company, and it must be carried out meticulously in accordance with the provisions of the Companies Act 2013 and other applicable laws. Failing to do so may lead to regulatory issues and potential legal consequences. Therefore, it is advisable to seek professional guidance and assistance to ensure a smooth and compliant transition of the registered offices address.
Disclaimer:
The information provided in this content is for general informational purposes only. You should always seek the advice of an expert before making any decisions based on the information provided. We do not warrant or guarantee the accuracy, completeness, or usefulness of the information provided. Any reliance you place on such information is strictly at your own risk. We are not responsible for any damages, losses, or expenses related to the use of this content.
07 December 2023 
