REGISTERED OFFICE- Shifting From one place to another within the
local limits of any City, Town or Village
Registered office of a company is a principle place of business activity
of a company. It is mandatory for all companies to have its registered office
and to inform the Registrar of Companies (ROC) about the location and any
change thereto within the prescribed time.
Provision Relating to Registered office of a company
♠ Registered office of a newly Incorporated Company
Section 12 (1) provides company to have a registered office capable of
receiving and acknowledging all communications and notices as may be addressed
to it on and from the fifteenth day of its incorporation and at all times
thereafter.
*Section 146 of Companies Act, 1956 required to set up a registered
office either from the day on which a company begins to carry on business or
from 30th day after the day of its incorporation. Whichever is earlier.
♠ Verification of Registered office
Section 12(2) read with Rule 25 of Companies
(Incorporation) Rules, 2014, provides company to furnish to the
Registrar verification of its registered office within a period of thirty days
of its incorporation in Form No. 22.
*Companies Act, 1956 doesn’t provides for verification of registered
office
PROCEDURE FOR CHANGE IN REGISTERED OFFICE
Shifting of Registered Office from one place to another within the local
limits of any City, Town or Village
i. Calling of Board Meeting: Meeting of Board of Director should
be called by giving 7 days notice to Directors
ii. Passing of Resolution: Resolution to shifting of
registered office from one place to another within the local limits of any
city, town or village to be passed at duly convened Board Meeting.
iii. Intimation to ROC: Notice of every change of the
situation of the registered office, verified in the manner prescribed, after
the date of incorporation of the company, shall be given to the Registrar within
fifteen days of the change, Inform INC-22, who shall record the
same.
*Section 146(2) of companies Act, 1956 provided with the
time limit of 30 days for filing intimation to ROC for change in Registered
office address.
** Local Limits: “Local limits” should be taken to mean both the local
body limits and the postal limits, and where the two do not coincide, the wider
of the two.
Attachments of Form INC-22
- Proof of registered office address
(Conveyance/ Lease deed/ Rent Agreement etc. along with the rent receipts
is required to be attached).
- Copies of the utility bills (proof of evidence
of any utility service like telephone, gas ,electricity etc. depicting the
address of the premises not older than two months is required to be
attached).
- Proof that the company is permitted to use the
address as the registered office of the Company (Authorization from the
owner or occupant of the premises along with proof of ownership or
occupancy and it is mandatory if registered office is owned by any other
entity/ person (not taken on lease by company).
