CHANGE OF ADDRESS OF A COMPANY
There are following cases in which a company can change the address of its registered office:
1. CHANGE WITHIN THE STATE
• The Company has to pass a special resolution in a general meeting, if it wants to change the registered office to a place which is within the city or within the state.
• The Company will have to pass a Board Resolution to authorise a director to sign and submit form INC-22.
2. CHANGE WITHIN THE SAME STATE BUT WITH A DIFFERENT ROC
• If the company wants to change the registered office from the jurisdiction of one RoC to the jurisdiction of another ROC within the same state, then the company has to obtain for the approval of the Regional director (RD) in the prescribed manner (Form INC-23). Once the change is approved by the RD, the company has to file such confirmation to the RoC within a period of 60 days from the date of confirmation of the RD.
• The RoC shall confirm the change of the registered office within 30 days from the date of filing of the confirmation.
3. CHANGE FROM ONE STATE TO ANOTHER
• To change the address of the company from one state to another the company needs to pass a special resolution in a general meeting and the same is to be filed to RoC in the prescribed form within 30 days from passing of such a resolution.
• Approval of Central Government is also required for changing the company address from one state to another. This can be done by filing the prescribed form to the Central Government.
• The central government shall approve the request of the company for its change of address within 60 days. The central government before approving the request of the company can satisfy itself with the fact that the alteration of the address has the consent of creditors, debenture holders and any other important persons which has any concern in the company.
• The approval granted by central government shall be filed to the RoC of both the states i.e. the RoC for old address and RoC for new address.
• The RoC for the new address of the company will register the changes and will issue a new certificate of incorporation which will indicate the change of address.