At our company, we understand that changing the registered office of a business can be a complex process. However, with proper documentation and preparation, this process can be completed smoothly and efficiently. In this article, we will outline the necessary documents and procedures required for changing the registered office of a company as per Section 13(4) of Companies Act, 2013.
- Application as per Section 13(4) of Companies Act, 2013
- CTC of Board Resolution in Board Meeting and Special resolution in EGM duly signed by director
- Altered MOA & Existing MOA & AOA of the company
- Notice for calling General Meeting along with relevant explanatory statement
- Copy of minutes if General Meeting at which resolution is passed
- Power of Attorney/Vakalatnama
- Affidavit verifying the application
- List of Creditors and debenture holders with their name, address, nature and respective amounts due to them
- Declaration duly signed by the company secretary of the company, if any and by not less than 2 directors of the company, one of whom shall be MD where there is one, verifying the list of creditors and debenture holders
- Copy of newspaper cutting related to publication of notice
- NOC from creditors
- Chartered Accountant certificate for list of creditors in the company
- Memorandum of acceptance
- Copy of acknowledgment regarding proof of dispatch of complete set of application to RD and ROC
- Copy of acknowledgment of filing petition to ROC & Chief Secretary/ lieutenant Governor
- Declaration duly signed by the company secretary of the company, if any and by not less than 2 directors of the company, one of whom shall be MD where there is one, stating that a copy of application has been filed to chief secretary (Existing) in case of state and to lieutenant governor in case of union territory and acknowledgment of same.
- Declaration that no employee shall be retrenched consequent to proposed shifting of registered office & shall be signed by CS of the company, if any and by not less than 2 directors of the company, one of whom shall be MD where there is one
- Copy of response AND counted response in tabulated form , if any, received from person affecting by such shifting in response to the advertisement published in newspaper & individual notices served to the specified persons & authorities
- Copy of individual notices sent to creditors and debenture holders along with the acknowledgement
- Affidavit verifying dispatch and serve the notice along with newspaper cutting regarding change of registered office
- Copy of RD order
- List of companies (with CIN) having same registered office
- Certified true copy of BR for change in registered office ( duly signed by a director other than the concerned director & advisable to get it signed by at least 2 directors )
- Proof of registered office address [ Conveyance deed , Lease deed, if on lease or rent agreement (along with rent receipt not older than 1 month)]
- Copy of utility bills ( should not be older than 2 months ) & should be in the name of proposed company or owner: Telephone bill,Gas bill, Electricity bill, Mobile bill
- Proof that the company is authorized to use the address as the registered office of the company(NOC)
- Details of inspection/Enquiry pending or filed against the company and its officer in default
- Documents related to passing of resolution through postal ballot, if resolution is passed through postal ballot.
- Any other documents demanded by regulatory authority RD/ROC or any other authority
