As per Indian law, every registered company is required to have one (1) principal place of business where it carries out its business activities. This place is known as a registered office.
The presence of a registered office is vital from multiple perspectives, including those of the general public, shareholders, customers and even vendors.
As stated in section 7 of Companies Act, 2013, every company must have a registered office address either from the date of commencement of business or within 15 days from the date of incorporation, whichever is earlier. This address signifies the place to which all official letters, documents and notifications will be sent by any person, government, non-government agency or any regulatory body.
Why is a registered office mandatory?
There are a number of reasons, including:
- To ascertain the domicile status of the company
- To service any type of documents to and from the company
- To ascertain the applicability of stamp duty rates on memorandum of association, articles of association, share certificates, share transfer certificates, debenture certificates, etc.
- To keep minutes, account books and statutory registers as well as any future inspections thereof
- To ascertain jurisdiction of the court in case of any future disputes the company might be involved in
How to shift the registered office within the same city, village or town
A company’s registered office can be changed within the local limit of the same city, village or town through the following procedure:
1. Call a Board meeting
- Provide not less than 7 days notice to all Directors of the company
- Prepare the agenda
- Prepare the attendance sheet
- Place before the Board of Directors the resolution for shifting of registered office within the local limit of the same city, village or town
- Take approval
2. File e-form with ROC
File e-form INC-22 with the ROC (Registrar of Companies) within 15 days from the date of passing of the Board’s resolution. Include the following attachments with the e-form:
- Registered document of the title of the premises of the registered office address
- Notarised copy of lease or rent agreement in the name of company along with the copy of rent (paid) receipt
- No objection certificate (NOC) for use of premises as company registered office
- Utility bill (e.g. telephone bill, electricity bill, etc.) clearly showing the address of the premises in the name of the owner
- The bill should not be more than 2 months old
3. Modify all relevant documents accordingly
Note down the details of the new registered office. Make appropriate changes in the name plate as well as its letterheads, business letters, bills of exchanges and other relevant documents where the registered office address is mentioned.
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