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Registered Office Change

Registered office means the place at which all notice, communication and legal documents may be sent by the ministry of corporate affairs (MCA). It is mandatory for all companies to have registered office either at the time of incorporation or within 30 days of incorporation of company. It is the duty of every company to intimate the ROC about registered office of the company within 30 days of incorporation of company in Form INC-22,or in case any changes in the address of the registered office of the company, then required to be notified by the company to the ROC within 30 days in Form INC-22.

A.If registered office of the company is changed within the local limits of same city, town or village then the approval of board of directors is required by passing board resolution and file e-form INC-22 within 30 days of board resolution.

 

B.If registered office of the company is changed outside the local limits of city, town, or village, but within the same ROC and same state,then the approval of board of directors is required by passing board resolution and also requiredapproval of members by passing special resolution. In such case file e-form MGT-14 within 30 days of passing special resolution and also file e-form INC-22 within 30 days special resolution.

 

C.If registered office of the company is changed from one ROC to another ROC within the same state,then the approval of board of directors is required by passing board resolution and also required the approval of members by passing special resolution and the approval of regional director is also required. And file the following e-forms with ROC i.e.

  • MGT–14 within 30 days of special resolution.
  • INC – 23 (Approval of RD to shift the registered office from one ROC to another within the same State).
  • INC – 28 (Notice of order of the court or tribunal or any other competent authority) within 60 days from the date of order of regional director.
  • INC – 22 within 30 days from the date of order of regional director.

 

D.If registered office of the company is changed from one state to another state outside the jurisdiction of existing ROC. Then the approval of board of directors is required by passing board resolution and also required the approval of members by passing special resolution and approval of regional director is also required, and file the following e-forms with ROC i.e.

  • MGT – 14 within 30 days of Special Resolution.
  • INC – 23 (Approval of RD to shiftregistered office from one state to another) at-least 1 month after serving notice to creditors and publication of newspaper advertisement).
  • INC – 28 (Notice of order of the court or tribunal or any other competent authority) within 30 days from the date of order of regional director.
  • INC – 22 within 30 days from the date of order of regional director.
Private Limited Company
Basic Features to Read before starting private limited company

Private company is required to add the word “Private limited” or “Pvt. Ltd.” to end of its name. Private company should have at least two member and two directors. Private company have right to issue debentures to any number of persons.

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Public Limited Company
Features of Public Limited Company

MCA provides the facility for incorporation of public limited company. For incorporation, firstly apply for name through RUN (Reserve Unique Name) on MCA portal. After availability of name from ROC we should file incorporation form i.e. Spice 32, INC 33(for eMOA), INC 34(for eAOA), .

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