Changing Registered Office Clause: A Step-by-Step Guide

Legal notices, letters, and other correspondence are sent to a company’s registered office, which serves as the company’s registered address. It may be altered at any moment while a company is still in existence, but the process for changing the registered office clause must be followed. The process for amending the registered office clause will be covered in this post, along with some pertinent questions. Procedure for the Registered Office Change Clause

Section 12 of the 2013 Companies Act governs the process for amending the registered office clause. The actions that must be taken are listed below:

1. Hold a Board Meeting – The first step is to call a board meeting and adopt a resolution containing the provision regarding the change of registered office. The resolution must specify the change’s justification, the new location, and the day on which it will take effect.

2. Submit Form INC-22 – After the board decision is approved, the business must submit Form INC-22 to the Registrar of Companies (ROC) within 30 days of the modification. The following documents must be included with the form:

– A copy of the board resolution

– Documentation proving ownership or a lease for the new address

– A note of consent from the owner of the new address

– Any other paperwork needed by the ROC

3. Publish a Notice – The business must publish a notice of the change of registration office provision in a publication that is widely read in the state where the registered office is located. The notice must be published in both English and the local language. At least 21 days before the general meeting, the notice must be published.

4. Hold a General Meeting – In order to implement the change of registered office clause, the company must hold a general meeting and adopt a special resolution. After passing, the special resolution must be submitted to the ROC within 30 days.

5. Submit Form MGT-14 – Within 30 days of adopting the special resolution, the business must submit Form MGT-14 to the ROC. A copy of the special resolution and the explanatory statement must be included with the form.

The ROC will issue a new Certificate of Incorporation with the changed registered office address once all of the aforementioned stages have been finished. Other Relevant Questions

How may a company’s registered office be moved from one location to another within the same city? The business can use the same process as described above if the new address is in the same city. According to the 2013 Companies Act, additional steps must be taken if the new address is in a different state. What dangers exist in being a registered agent? A registered agent runs the risk of being held legally liable for failing to keep the registered office location up to date or failing to deliver crucial notices to the business. What characteristics define a good registered agent? A good registered agent is someone who is dependable, accessible, and aware of the rules and regulations. They ought to be capable of keeping correct records and immediately delivering to the business all pertinent communications. Can my registered office be a post office box?

A: A PO box is ineligible to serve as the registered office address. Legal notices and other communications must be able to be delivered to and received at the registered office address.

FAQ
How do you amend an LLC?

You must adhere to the precise steps provided in your state’s LLC statutes in order to alter an LLC. The procedure normally entails writing articles of amendment and submitting them to the state’s LLC filing office. These documents typically include updated information about the LLC, such as its new registered office address or any other modifications to its management or structure. The internal operating agreement for the LLC may also need to be updated, and any pertinent parties, like members, creditors, and governmental organizations, should be informed. To make sure you correctly follow the necessary processes, it’s crucial to speak with an attorney or accountant familiar with the legal requirements in your state.

How do I remove myself from an LLC in PA?

You must adhere to the processes provided in the operating agreement of the LLC as well as Pennsylvania state law in order to dissolve an LLC in Pennsylvania. Typically, this entails either resigning as a member and giving your ownership stake back to the LLC, or selling your ownership interest in the LLC to another member or a third party. To amend the LLC’s membership and management details, you will also need to file the necessary papers with the Pennsylvania Department of State. To guarantee that you correctly follow all legal requirements and protect your interests, it is advised that you speak with an attorney.

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