How can I change the registered office of my company from one city to Davangere within the same state?

Detailed Legal Analysis

To change the registered office of your company from one city to Davangere within the same state, you must follow a specific procedure as stipulated under the Companies Act, 2013.

The key steps involved in changing the registered office are as follows:

• Board Resolution: The first step is to convene a board meeting to pass a resolution approving the change of registered office. This resolution must detail the new address in Davangere.
• Filing Form INC-22: After passing the board resolution, you must file Form INC-22 with the Registrar of Companies (RoC). This form should be submitted within 30 days of passing the resolution and must include:
  • The new registered office address.
  • Proof of the new office address, such as a utility bill, rental agreement, or any other document that confirms the address.
  • A copy of the board resolution.
• Updating the Memorandum of Association (MoA): If the change in registered office results in a change of the jurisdiction of the RoC, then a special resolution must also be passed to alter the MoA. This is required under Section 13 of the Companies Act, 2013.
• Filing Form MGT-14: If a special resolution is passed, you need to file Form MGT-14 with the RoC within 30 days of passing the resolution. This form is necessary to register the altered MoA.
• Intimation to the Tax Authorities: Once the registered office is changed, inform the Income Tax Department and other necessary authorities about the new address for tax purposes.

It is important to ensure that all documents are properly signed and filed within the stipulated timeframes to avoid penalties. The relevant sections of the Companies Act, 2013 that govern the change of registered office include:

• Section 12 - Registered office of the company.
• Section 13 - Alteration of Memorandum.
• Section 117 - Certain resolutions to be filed with the Registrar.

Once the above steps are completed, the change will be officially registered, and your company will have its registered office in Davangere. Ensure to keep a copy of all filed documents for your records.