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Registered Office Change With State/Outside State

Changing the registered office of a company can involve different procedures based on whether the office is being moved within the state (Intra-State) or to a different state (Inter-State) in India.

Registered office Change With State/Outside State

Changing the registered office of a company can involve different procedures based on whether the office is being moved within the state (Intra-State) or to a different state (Inter-State) in India. Here’s an overview of the processes for both scenarios:
Change of Registered Office Within the State (Intra-State): To change the registered office within the same state, the company needs to follow these steps:
A. Board Resolution: The board of directors must pass a resolution approving the change of the registered office and authorize a designated person to undertake the necessary actions.
B. Shareholder Approval: If required by the company’s articles of association, or in some cases, the Companies Act, the approval of shareholders through an extraordinary general meeting (EGM) may be needed.
C. Form Filing with ROC: File the necessary forms, such as Form INC-22, with the Registrar of Companies (ROC) within 30 days of the change. This form informs the ROC about the new registered office address.
D. Verification: The ROC may conduct verification of the registered office after receiving the application.
Change of Registered Office to a Different State (Inter-State): To change the registered office to a different state, a more involved process is required, and the company needs to follow these steps:
A. Special Resolution: Pass a special resolution in an extraordinary general meeting (EGM) to approve the change of registered office from one state to another.
B. Advertisement: Publish advertisements in newspapers (in vernacular language and English) of the state where the company’s registered office is situated, and in newspapers of the state where the registered office will be shifted to, informing the public about the change.
C. Application to Central Government: File an application with the Regional Director of the Ministry of Corporate Affairs (MCA) seeking approval for the change of registered office to a different state. The application should include various documents, such as the special resolution, board resolution, affidavit, minutes of EGM, etc.
D. Objections and Confirmation: The Regional Director may call for objections from creditors, shareholders, or any other interested parties. After considering the objections (if any), the Regional Director will issue an order confirming the change of registered office.
E. Form Filing with ROC: File the necessary forms, such as Form INC-23, with the ROC within 30 days of receiving the confirmation order from the Regional Director. This form notifies the ROC about the change of the registered office to a different state.
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