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vandana

vandana (Querist)
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22 August 2009 what is the process of changing the address in the IEC and what papers are requierd for the same?

Manmohan ACA, CS

Manmohan ACA, CS (Expert)
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23 August 2009 In addition to updation of IEC, if there is any change in the existing IEC, like change of directors, change of name or constitution, change of address or addition/deletion of branch, the following documents are required to be submitted.

Request letter on Letter Head for Status Modification.
Application as per Appendix 2 and 3 in duplicate.
Documentary evidence preferably Electric bill, telephone bill, lease agreement copy, Sales Tax/Excise Certificate/SSI for change or inclusion of addresses. For change of directors please submit copy of Form-32. In case of change of name or change of constitution, ROC/Partnership deed copy as applicable should be submitted.
Also refer to para 9.1(b) of H.B.2002-2007 regarding change in name and constitution is reproduced below.
" If there is any change in the name/address or constitution of IEC holder/licencee/Actual User eligible for import without a licence/recognised status holders, the concerned IEC holder/licencee/Actual User/status holders, as the case may be, shall cease to be eligible to import or export against the licence/IEC N0. or any other facility permitted under the Policy and Handbook, after expiry of 60 days from the date of such change in his name or constitution, unless in the meantime,

the IEC holder/licencee/status holders has got the consequential changes affected in the IEC NO/licence or the recognition certificate, as the case may be , by the concerned licensing authority;
the Actual User has got the consequential changes affected from the concerned authority in the industrial licence issued by the Secretariat for Industrial Assistance (Ministry of Commerce and Industry) or Certificate of Registration as an Actual User issued by Director of Industries of the State Government or has received an acknowledgement for filing of a memorandum with the Secretariat for Industrial Assistance. Provided, however, the licensing authority issuing the IE Code may, condone the delay on payment of a penalty of Rs.5000/-.
However, the change in the director of a public limited company shall not be considered as a change in the constitution of the company."

Penalty of Rs.5000/- payable in favour of Licencing office (Jt.D.G.F.T, Mumbai in case of Mumbai office) by Challan or DD, in case of delay beyond 60 days as per para 9.1(b) of H.B.2002-2007 reproduced above is applicable in the following catagories.
Change of address of Registered Office of the firm/company.
Note: Date of change of address shall be either the date of agreement or the date of occupation of the new premises. In case of change of address of registered office to a branch/factory/residence address of the IEC holder already included in the IEC, self declaration of the IEC holder regarding date of change of address will be accepted.

Change of Partners.
Change of directors of a Private Limited Company.
Change of Proprietors in the Proprietorship concern.
Change of name of the firm/company.
Change of constitution.
Note: Penalty in case of delay will not be applicable in case of Inclusion/Deletion of branches/divisions/factory address

Self addressed envelope affixed with Rs.25/- Postal stamp.
Original IEC Certificate.
RBI declaration on the Letter Head as per sr.no.6 of Foot note to Appendix-3 in case of change of directors/partners/prop./Karta of the firm/company.
Self Certified copy of PAN.
10)In case of Mumbai office Submit Documents on the 2nd floor, North East Wing, IEC Counter, between 10.00a.m. and 12.30p.m. from Monday to Friday.