CHANGE IN REGISTERED OFFICE

Any company is incorporated in India, shall have a registered office. Any change in that shall be informed to the Concerned ROC (in which the registered office comes).

         Change of registered office within the jurisdiction of the same ROC:-

1. Board resolution passed by the Board of Directors if the Registered Office of the Company is shifted within the local limits of the of the city, town or village in which the registered office is presently located.
2. If the company wants to shift its’ Registered Office of the company, which is outside the local limits of the of the city, town or village. The Company has to pass a special resolution in General Meeting.

   Change of registered office within the same state but to different ROC:-

   If the registered office of the company is changed from the jurisdiction of one ROC to the jurisdiction of another ROC within the same state. Then the company has to apply for the approval of the same to the concerned Regional director (RD). As the change is confirmed by the RD, the company has to inform such confirmation to the ROC within a prescribed period of time (sixty days) from the date of confirmation of the RD.

        The registrar shall confirm the change of the registered office within 30 days from the date of filing of the confirmation.
     

       Change of registered office from one state to another state:-

If any company wants to shit its’ registered office from one state to another state in such case it will have to change its’ MOA (special resolution will be passed in EGM)  and it should be filed to ROC within 30 days.  The company also has to take approval  from Central Government.  Following documents needs to file before the Central Government to take approval to shift the Registered Office from one state to another State as:-

1. A copy of the special resolution sanctioning the alteration by the members of the company.
2. a copy of the memorandum and articles of association
3. A copy of the notice conveying the general meeting along with relevant explanatory statement
4. A copy of the minutes of the general meeting wherein the resolution authorising the alteration.
5. A list of creditors and debenture holders
6. Document relation to payment of application fee
7. A copy of board resolution or Power of Attorney

The Central Government has to dispose the application within 60 days. Before approving the shifting of Registered Office the Central Government may satisfy itself that the consent of the  all the stake holders. The Central Government Certificate shall be filled with both the ROC. The ROC of the new state, where the new Registered Office will be shifted shall register the same and issue fresh Certificate of Incorporation.