Change Compliance in Business
Each corporation is obligated to establish a registered office within thirty days of its incorporation, as stipulated by the Companies Act of 2013. The company must maintain a registered office throughout its existence, with the address specified in the Memorandum of Association (MOA) and Articles of Association (AOA).
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The registered office serves as the official location for the receipt of all communications and notices directed to the company. It functions as the company’s official business address. The registered office address must be provided to the Registrar of Companies (ROC).
However, circumstances may arise necessitating a change in the registered office. In such instances, the company must adhere to the compliance requirements outlined in the Act and the Companies (Incorporation) Rules of 2014. The specific compliances for different situations are outlined below.
Categories of Registered Office Change
The alteration of a registered office can occur in the following ways:
- Within the same city
- Within the same state and under the same ROC
- Within the same state but under a different ROC
- From one state to another state
The required compliances vary based on the category in which the change in registered office is happening.
Compliance Requirements for Changing Office Within the Same City
When a company decides to change its registered office within the local limits of the same city, village, or town, the following compliances must be observed:
a) NOC (No Objection Certificate) from the owner if the office is situated on leased/rented land.
b) Rent/Lease agreement if the office is situated on leased/rented land.
c) Proof of evidence of any utility bills with the office address, not older than two months.
Compliance Requirements for Changing Office Outside the City but Under the Same ROC Jurisdiction When a company decides to change its registered office outside the local limits of the city or town but within the jurisdiction of the same ROC, the following compliances must be adhered to:
a) Copy of the Special Resolution.
b) NOC from the property owner if the office is located on leased/rented land.
c) Rent/Lease agreement if the office is located on leased/rented land.
d) Proof of evidence of any utility bills with the office address, not older than two months.
Compliance Requirements for Changing Office Outside the City under Different ROC
When a company decides to change its registered office outside the local limits of the city or town where it is situated, and from the jurisdiction of one ROC to another ROC within the state, the following compliances must be followed:
Change of Registered Office within the Same State and Under the Same ROC
When a company opts to relocate its office outside the local limits of the current city/town but remains under the jurisdiction of the same ROC within the state, the following steps must be followed:
Compliance Steps for Changing Office from One State to Another
Compliance Steps Post ROC Approval for Registered Office Change
After obtaining approval from the ROC for the alteration of its registered office, the company is required to comply with the following regulations:
At Sadique and Ameen Associates, we are your trusted partners in managing registered office changes. Whether it’s navigating compliance complexities within the same city or transitioning across states, we ensure compliance with the Companies Act of 2013. Post-approval, our dedicated team facilitates a smooth transition, handling tasks such as notifying stakeholders, updating documents, and coordinating with government authorities. With a commitment to excellence, we provide invaluable support for corporations modifying their registered offices, making the process seamless and efficient.