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Changing in Other Details of Company

Changing the registered office of a company in India involves several steps to ensure compliance with regulatory requirements and proper update of company records. Here’s a step-by-step guide to changing the registered office:

Determine the Type of Change

Types of Changes:

o Within the Same City: Changing the registered office within the same city or town.

o From One City to Another: Changing the registered office from one city to another within the same state.

o Across States: Changing the registered office from one state to another.

Prepare Required Documents

For All Changes:

o Board Resolution: A resolution passed by the board of directors approving the change of registered office.

o New Address Proof: Utility bill, rent agreement, or property documents of the new registered office address.

o Updated PAN and GST Details: If applicable, update PAN and GST records with the new address.

File Forms with MCA

Change Within the Same City:

o File Form MGT-14: For passing the board resolution.

o File Form INC-22: To notify the MCA of the new address.

• Change from One City to Another within the Same State:

o File Form MGT-14: For passing the board resolution.

o File Form INC-22: To notify the MCA of the new address.

o No need for special permission from regional director if the new address is within the same state.

• Change from One State to Another:

o File Form MGT-14: For passing the board resolution.

o File Form INC-22: To notify the MCA of the new address.

o File Form INC-28: To obtain approval from the Regional Director.

o Obtain No Objection Certificate (NOC): From the current state’s registrar and file it along with the application.

Update Company Records

Update Statutory Registers: Update the company’s statutory registers and records with the new address.

• Inform Stakeholders: Notify stakeholders, including banks, vendors, and clients, about the change in registered office.

Compliance

Update Certificates: Ensure that all company certificates, such as the certificate of incorporation, reflect the new address.

• Legal Notices: Ensure that all legal and official correspondence is updated with the new address.

 Intimation to Authorities

Registrar of Companies: After completing the form filing and obtaining approvals, ensure that the new address is updated in the records maintained by the Registrar of Companies (ROC).

• Other Authorities: Update the registered office address with other regulatory authorities if applicable, such as GST and PAN.

Receive Confirmation

Acknowledgment: Once the forms are processed and approved by the MCA, you will receive an acknowledgment and confirmation of the change.

• Updated Documents: Ensure that the updated address is reflected in the company’s records and official documents.

Documents Required for Change of Registered Office:

Board Resolution: Approving the change of address.

2. New Address Proof: Utility bill, rent agreement, or property documents.

3. Form MGT-14: For passing the resolution.

4. Form INC-22: To notify the MCA of the new address.

5. Form INC-28: (If applicable) For approval from the Regional Director.

6. No Objection Certificate (NOC): (If applicable) From the current registrar.

My Opinion:

Changing a company’s registered office is a significant administrative process that ensures the company's official address is current and accurate. It’s important to follow the prescribed steps meticulously to avoid any legal complications. The process is streamlined through the MCA portal, but attention to detail and timely compliance are crucial. For inter-state changes, additional approvals may be required, making it beneficial to consult with a legal or company secretary professional to ensure all regulatory requirements are met efficiently.

Changing various details of a company in India involves updating the records with the Ministry of Corporate Affairs (MCA). The types of changes could include changes to the company name, capital structure, business activities, or other key details. Here’s a step-by-step guide for changing different details of a company:

Determine the Type of Change

Types of Changes:

o Change in Company Name

o Change in Registered Office Address

o Change in Capital Structure

o Change in Business Activities

o Change in Director Details

Prepare Required Documents

For Company Name Change:

o Board Resolution: Approving the change of name.

o Special Resolution: A resolution passed by the shareholders approving the new name.

o Application for Name Availability: Application to the MCA for approval of the new name.

o Updated PAN and GST Details: If applicable, update PAN and GST records with the new name.

For Change in Registered Office Address:

Board Resolution: Approving the change of address.

o Proof of New Address: Utility bill, rent agreement, or property documents.

o Form MGT-14: For passing the board resolution.

o Form INC-22: To notify the MCA of the new address.

o Form INC-28: (If applicable) For approval from the Regional Director (for inter-state changes).

For Change in Capital Structure:

Board Resolution: Approving the change in capital structure.

o Special Resolution: For changes such as increasing authorized capital.

o Updated Memorandum of Association (MOA): Reflecting the new capital structure.

o Form SH-7: To notify the MCA of the change in capital structure.

For Change in Business Activities:

Board Resolution: Approving the change in business activities.

o Special Resolution: For amending the MOA to include new activities.

o Updated MOA: Reflecting the new business activities.

o Form MGT-14: For passing the resolution.

o Form INC-22: If the change involves a new address.

For Change in Director Details:

o Board Resolution: Approving the change in director details.

o Consent Letter: For new directors.

o Resignation Letter: For resigning directors.

o Form DIR-12: To notify the MCA of the change in director details.

o Form DIR-6: For updating personal details.

3. File Forms with MCA

Company Name Change:

o Form INC-1: Application for availability of name.

o Form MGT-14: For passing the special resolution.

o Form INC-24: For applying for a change of name.

Change in Registered Office Address:

o Form MGT-14: For passing the board resolution.

o Form INC-22: To notify the MCA of the new address.

o Form INC-28: (If applicable) For approval from the Regional Director.

Change in Capital Structure:

o Form SH-7: To notify the MCA of the change in capital structure.

Change in Business Activities:

o Form MGT-14: For passing the special resolution.

o Form INC-22: If applicable for address change.

Change in Director Details:

o Form DIR-12: To notify the MCA of the change in director details.

o Form DIR-6: For updating personal details.

Pay the Fee

Fee Payment: Pay the requisite filing fees online through the MCA portal. The fee varies depending on the type of change and the company's size.

Receive Approval

• MCA Processing: The MCA will process the forms and documents. If everything is in order, they will update the company records.

• Certificates: For changes like the company name, you will receive an updated certificate of incorporation.

Update Company Records

• Internal Records: Update the company’s internal records, such as the MOA, AOA, and statutory registers, to reflect the changes.

• Notify Stakeholders: Inform stakeholders, such as banks, vendors, and clients, about the changes.

Compliance

• Periodic Updates: Ensure that any further changes are updated with the MCA as required.

• Maintain Records: Keep a copy of all forms, resolutions, and correspondence related to the changes for future reference.

Documents Required for Various Changes:

1.Board Resolution: Approving the change.

2. Special Resolution: For certain changes like name change or business activities.

3. Updated Documents: PAN, GST, MOA, AOA, etc.

4. Relevant Forms: INC-1, INC-22, MGT-14, DIR-12, SH-7, etc.

5. Proofs: Address proof, identity proof, etc.

My Opinion:

Changing company details is an essential process for keeping corporate records accurate and up-to-date. The MCA portal provides a streamlined approach to filing these changes, but attention to detail is crucial. Ensuring that all necessary resolutions and documents are correctly prepared and submitted helps in maintaining compliance and avoiding legal issues. Consulting with Protax advisors’ expert can assist in navigating the complexities of regulatory requirements and ensuring smooth execution of the changes

 

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