We have tried to incorporate a company by having registered office at bombay under registrar of company mumbai... But the same has been sent for resubmission.. As address proof noc owner is not available right now.. Can we change the address to Kerala and resubmit the same.. Whether there will be issue in change in ROC?
06 July 2024
Changing the registered office address from Mumbai to Kerala during the resubmission process of company incorporation can introduce complexities, especially if the initial application is already under review or in the resubmission phase. Here are some considerations and steps you should keep in mind:
1. **Resubmission Process:** - When an application for company incorporation is sent for resubmission, it typically means there are deficiencies or missing documents that need to be corrected or provided. - The resubmission process usually involves addressing these deficiencies within a specified timeframe and submitting the corrected documents.
2. **Changing Registered Office Address:** - If the resubmission is due to issues with the address proof for the registered office in Mumbai, you might consider providing a valid address proof for Kerala instead. - Ensure that the new address in Kerala meets the requirements for a registered office as per the Companies Act, including having a physical address and necessary proof of ownership or occupancy.
3. **ROC Jurisdiction:** - Each Registrar of Companies (ROC) has jurisdiction over specific geographical areas. Mumbai falls under the jurisdiction of the ROC Mumbai. Changing the registered office to Kerala would involve moving the jurisdiction to the ROC where Kerala is located. - This change in ROC jurisdiction could complicate matters, especially during the resubmission process. It may require additional approvals or notifications.
4. **Legal and Procedural Requirements:** - Changing the registered office address and ROC jurisdiction typically involves filing specific forms and complying with legal requirements under the Companies Act. - You would need to file Form INC-22 (Notice of Situation or Change of Situation of Registered Office) along with necessary supporting documents to effect this change.
5. **Consultation with Professionals:** - Given the procedural intricacies and potential implications, it is advisable to consult with a professional such as a company secretary or a legal advisor who specializes in company law and registrations. - They can provide guidance specific to your situation, ensure compliance with legal requirements, and assist in navigating any challenges during the resubmission and address change process.
In summary, while changing the registered office address to Kerala is possible, it involves careful consideration of the current stage of your application, compliance with legal requirements, and potential implications on ROC jurisdiction. Seeking professional advice will be crucial to ensure smooth handling of the resubmission and address change process.
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