After starting your company, you might find shifting of registered office from one state to another tricky and exhausting. Well, it is indeed complicated, but not for a professional. We are here with a team of experts to help you legally throughout the process.
Shifting of registered office from one state to another will also require changing the ROC. Except in case, both the states have the same registrar of companies like Delhi and Haryana.
You must send a notice of board meeting to all the Directors. The intimation must be sent 7 days prior to the date of the meeting. Also, it must have a clear agenda and notes for the meeting.
Convene a board meeting as per the provisions of SS-1 and Companies Act 2013.
The board meeting must have the following agenda and discussion:
Further, the company must submit the disclosure of discussion in the Board Meeting within 24 hours of the conclusion. Also, it must be posted on the company's website within 2 business days.
After that, circulate the draft minutes of the meeting within 15 days of the conclusion to all the directors.
The company can obtain approval from all the shareholders by:
~Calling a General Meeting
~Passing a resolution via Postal Ballet
After the meeting, the company must submit the proceedings of the meeting to SEBI within 24 hours. Also, post the same on the company's website within 2 working days.
Within two working days of the meeting's conclusion, the company must submit the details of the vote results to the SEBI and publish them on the company's website.
Prepare the minutes of the General Meeting, have them signed, and compile them in the appropriate manner.
File the MGT-14 Form with the Registrar of Companies within 30 days of passing the Special Resolution along with the prescribed government fees.
Also, attach the following documents with it:
It is mandatory for the company to post an advertisement in E-Form INC-26 in two newspapers:
Moreover, a copy of this advertisement must submit to:
A list of all the creditors and debenture holders of the company is necessary for shifting of registered office from one state to another.
The list must have the following details of all the creditors and debenture holders:
After fulfilling all the above duties and collecting the respective documents, you can proceed with the application submission.
The company must submit the application to the Registrar of Company and Chief Secretary of the state and union territory.
Within 30 days of receiving a certified copy of the order confirming the change of registered office, the applicant must complete an E form INC- 28 with the registrar for the order registration passed by the Regional Director.
After that, within 15 days of confirmation of the shift of registered office, the notice of change of registered office must be filed in E Form INC-22 along with the required fees and the following documents:-
After shifting of registered office from one state to another, make sure to file these necessary amendments under the following acts: