July 31, 2024
| Corporate & Commercial
A company shall have, at all times, a registered office address capable of receiving and acknowledging all communications and notices.
A company is liable to have a registered office address to be able to receive and acknowledge all kinds of communications and notices and all other important and relevant documents. The promoters of the company are supposed to declare the address of their respective registered office during the incorporation of the company. The company can open all other office branches or work locations without intimating the ROC.
Process:
- The office’s registered office address should be recorded with the Ministry of Corporate Affairs.
- Notice of every change in the change of registered office address, after the incorporation, shall be given to registrar of Companies (ROC).
- The special resolution passed by the company members can allow the registered office address to be changed either in or outside the state.
Steps Involved in Shifting the Registered Office Address from One State to Other:
- Application seeking approval of the central government for alteration of the memorandum about change of registered office address from one state government to another must be filed.
- Before the hearing of such application:
i. Advertise the application in the vernacular newspaper circulating in the district of the registered office address.
ii. Serve by registered post acknowledgement due, individual notice related to the advertisement on each debenture holder & creditor.
iii. Serve, by registered post acknowledgement due, a notice with the application (copy) to the registrar
The central government before it passes its order must justify that the change has everyone’s consent like the creditor’s, debenture holders’, and concerned individuals. You are then supposed to share a certified copy of the order of the central government’s approval of the alteration of the transfer of registered office address from one state to another state.
Required Steps to be taken after Change of Registered Office:
- The company is liable to get the address changed in the all the relevant government records as well. For example, in GST, PAN, PF, ESI or any other relevant document of proof.
- Company needs to replace its stationeries like Letter Head, Bills, Invoices, Office Board, appointment letters
- If the company is holding any shares of the listed company, then it also needs to report an address change to the depository and company.
- Company also needs to get the registered office change in the records of banks, financial institutions and other applicable bodies.
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