How do I change the company address in India?
A company's registered office in India is its official address as registered with the Ministry of Corporate Affairs (MCA). It is the place where all official communications and notices to the company are sent. The registered office is also the place where the company's records are kept, including its articles of association (MOA), memorandum of association (MOA), and statutory registers. A company must have a registered office in India as a legal requirement under the Companies Act, 2013. Every company must specify its registered office in its articles of association, and registered office address change must be reported to the MCA.
As long as it is a physical location, a company can choose any location in India as its registered office. The registered office does not have to be the location where the company does business, but it must be a location where communication/notice can be served on the company. However, the owners of any company registered in India may choose to change the company's registered address in the long run.
What are the circumstances under which a company can change its registered office?
There are numerous reasons why a company might want to change its registered office. Changing the registered office can be a beneficial move for a company, whether it is to save money, improve accessibility, or meet legal or regulatory requirements. It is critical to carefully consider the potential benefits and drawbacks of changing the registered office, as well as to follow the proper procedure for doing so.
A company can change its registered office under the following circumstances:
- Change in business operations: If the company's business operations change and it requires a new location to better serve its customers or suppliers, it can change its registered office.
- Business expansion: When the company expands or contracts its business, it may require a new registered office that is more suitable for its operations.
- Merger or acquisition: In case of merger or acquisition, the company may change its registered office as part of the restructuring process.
- Change in ownership: If the ownership of the company changes, the new owners may want to change the registered office to a location that is more convenient for them.
- Convenience: If the company finds that its current registered office is no longer convenient, it may change its registered office to a location that is more accessible or has better facilities.
- Evading statutory dues: A company should not change its registered office for the purpose of evading any statutory dues.
- Compliance with the laws: A company may change its registered office if it is required to comply with any laws or regulations.
It's important to note that the change of registered office should be in the best interest of the company and its shareholders. The company should have valid reasons for the change and should comply with all the legal requirements.
What are the requirements to change the registered address of a company in India?
To change the registered address of a company in India, the following requirements must be met:
- Obtaining a no-objection certificate from the landlord of the new registered office if the company is a tenant.
- A meeting of the board of directors must be held to deliberate and adopt a resolution for the change.
- Proper notice must be given to all directors and an agenda with the alteration of the registered office must be prepared.
- The board of directors must consider any potential consequences of the change, such as how it may affect the company's operations, employees, and stakeholders.
- A resolution must be passed specifying the new location of the registered office as well as the effective date of the change.
- The board of directors must act in the best interests of the corporation when making decisions related to the registered office.
- The change of registered office must be filed with the Registrar of Companies (ROC).
- A notice of the change must be published in the official gazette.
- Any necessary approvals or consents must be obtained from relevant authorities.
- All other legal requirements and formalities must be complied with, such as obtaining a no-objection certificate from the landlord of the new registered office if the company is a tenant.
- It's important to note that the company should not be in default of compliance with any provision of the company act and should have a valid reason for the change.
- It should be noted that the requirements may differ depending on the state in which the company is incorporated and the type of company. The time and fee will increase if you move your registered office from one state to another.
It's always a good idea to consult a business expert for the exact requirements in your case.
Where should my registered office be?
Where you should locate your registered office depends on several factors, including the nature of your business, your target market, and your budget. Here are a few things to consider when choosing a location for your registered office:
- Accessibility: The registered office should be easily accessible to the public and authorities during business hours. It should also be located in an area that is easy to find and navigate.
- Proximity to target market: If your target market is local, it may be beneficial to locate your registered office in a location that is close to your target market. This will make it easier for customers to find and visit your business.
- Proximity to suppliers and logistics: If your business relies on suppliers or logistics, it may be beneficial to locate your registered office in a location that is close to these suppliers or logistics hubs.
- Availability of resources and infrastructure: The registered office should be located in an area that has access to the resources and infrastructure needed to run your business. This includes things like internet connectivity, power and water supply, and transportation.
- Cost and regulations: The registered office should be located in an area that is within your budget and comply with the laws and regulations of the state in which you are operating.
What is the procedure to change registered office of the company?
The steps involved in changing the registered office of a company in India are as follows:- Meeting of the board of directors: A meeting of the board of directors must be held to deliberate and adopt a resolution for the change of registered office.
- Notice to all directors: Proper notice must be given to all directors and an agenda with the alteration of the registered office must be prepared.
- Discussion and consideration of potential ramifications: The directors must consider any potential ramifications of the change, such as how it may impact the company operations, employees, and stakeholders.
- Adoption of resolution: A resolution must be adopted that includes the new location of the registered office and the effective date of the change.
- Acting in the best interests of the company: The board of directors must act in the best interests of the company when making decisions related to the registered office.
- Obtaining necessary approvals or consents: Any necessary approvals or consents must be obtained from relevant authorities.
- Filing of the change with Registrar of Companies: Filing of the form for change of registered office with the ROC and obtaining the certificate of registration of the change.
- Publication of notice of change: A notice of the change must be published in the official gazette.
What must I do after changing the registered office of a company?
- Inform the local authorities: The first step is to update your business registration with the local authorities, such as the local Municipal Corporation, nagar nigam, panchayat, depending on the jurisdiction.
- Notify the tax authorities: Notify the tax authorities of the change in registered office address, including the Income Tax Department and the Goods and Services Tax (GST) Department.
- Update your bank account: Update your bank account details with the new address, as well as any other financial institutions that you have accounts with.
- Update your business stationery: Update your business stationery such as visiting card, letterhead, and website to reflect the new registered office address.
- Inform your customers: Inform your customers of the change in registered office address, through email, phone or any other way of communication.
- Update your licenses and permits: Update any licenses or permits that are linked with your business address, such as a trade license.
It's important to note that the requirements may vary depending on the jurisdiction in which the business is registered.
What documents are required to change the registered office of a company?
The following documents are typically required to change the registered office of a company in India:- A Board resolution is adopted by the board of directors approving the change of registered office.
- No Objection Certificate (NOC) from the landlord of the new registered office, if the company is a tenant.
- Copy of the lease agreement or rent agreement, if applicable.
- Copy of utility bills (electricity, water, gas) of the new registered office, as proof of its existence.
- Latest property tax receipt of the new registered office.
- Affidavit from the Director of the company stating that the company has not defaulted on any statutory dues and the proposed change of office address is not for the purpose of evading any statutory dues.
- Any other documents required by the ROC in specific cases.
It's important to note that the requirements may vary depending on the state in which the company is incorporated and the type of company.
FAQS
To know more about the change in registered office, we have it covered for you:
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Can a company have multiple registered offices in India?
A company in India cannot have more than one registered office, according to the Companies Act of 2013. However, a company can have multiple places of business, which are the actual locations where the company conducts its operations. In India, a company may have branch or operations offices in multiple cities or states. These locations are not considered the company's registered office, and communications and notices are not sent to them.
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