Amended Form INC – 22 (W.E.F. 1 May 2015)

Form INC – 22 is required to be filed pursuant to Section 12 (2) & 12 (4) of the Companies Act, 2013 and Rule 25 and 27 of the Companies (Incorporation) Rules, 2014.

New version of this form came into force from 1^st May 2015 by the Companies (Incorporation) Amendment Rules 2015. This replaced earlier version of Form INC – 22 discussed earlier here.

The company is required to furnish to the Registrar verification of its registered office in Form INC – 22 within a period of thirty days from the date of its incorporation. The company can also specify the address of registered office at the time of filing incorporation Forms. For this, the applicant shall upload Form INC-22 as linked form to Form INC-7. In case of One Person Company, the particulars of the registered office address can be filed in Form INC-2 only.  Any change in situation of the registered office thereafter, the company is required to notify to Registrar in Form INC-22 within fifteen days of such change.

In case of new company:

Company need to inform whether this Form is for new company or for an existing company. In case of new company, an approved SRN of Form INC-1 filed for name reservation.

Enter the date of establishing the registered office of the company. The company shall have its registered office on and from the fifteenth day of its incorporation. New company will select the option from the date of incorporation of the company.

In case this form is to be uploaded at eBiz website under common application for incorporation of company, allotment of PAN and TAN, please be informed that address filled in line I and line II in the address field.

Ensure that this email id is valid as intimation regarding processing of the eForms, important communication from RoC office shall also be communicated electronically at the email id being mentioned here.

Select the type of ownership of the registered office. Enter the details of the address of the police station under whose jurisdiction the registered office of the company is situated.

I Propose MCA may also provide online help to locate police station under whose jurisdiction the registered office is situated. This may also be an ease of doing business.

Select the utility services like telephone, gas, electricity or mobile as a proof of address of the registered office of the company from the drop down values.

Attachments

Proof of registered office address (Conveyance/ Lease deed/ Rent Agreement etc. along with the rent receipts is required to be attached).

Copies of the utility bills (proof of evidence of any utility service like telephone, gas ,electricity etc. depicting the address of the premises not older than two months is required to be attached).

Proof that the company is permitted to use the address as the registered office of the Company. (Authorization from the owner or occupant of the premises along with proof of ownership or occupancy and it is mandatory if registered office is owned by any other entity/ person (not taken on lease by company).

In case of existing company:

In case of change in registered office of a company within local limits of city, town or village or outside local limits of city, town or village but within same state and with same RoC, then the company is required to file Form MGT-14 (if applicable) and Form INC-22.

In case the registered office of the company is shifted from the jurisdiction of one RoC office to another RoC office within the same state or otherwise then the company is required to file both Form INC-23 for RD’s approval and Form INC-28 for notice of RD’s approval order and Form INC-22 only once. Old RoC office shall process the Form and forward the same to the new RoC office for registration. Approval of such Form INC-22 shall not be allowed in case there is any other Form(s) pending for payment of fee or is under processing in respect of the company. Company shall be required to obtain the changed CIN and the Certificate for change of registered address from the RoC office, where the company is shifting (that is from the office of new RoC).

Enter the date from which the registered office of the company has been established or changed. Enter the details of the new address of the registered office of the company. Enter the email id of the company for communication purposes.

Select the type of ownership of the registered office. Enter the details of the address of the police station under whose jurisdiction the registered office of the company is situated.

Select the utility services like telephone, gas, electricity or mobile as a proof of address of the registered office of the company from the drop down values.

Enter the SRN of MGT-14 in case purpose of the Form is other than ‘Change within local limits of city, town or village’.

Enter the SRN of relevant Form INC-28 for notice of approval of RD’s order for shifting the registered office from one RoC to another within the same state or from one state to another.  Enter the date of order of Regional Director case of change of registered office for shifting the registered office from one RoC to another within the same state or from one state to another.

Select the first checkbox in case of new company and second checkbox in case of existing company and rest can be selected in all cases except OPC cannot select last checkbox.

The Form is required to be certified if check box 3 is selected in declaration except filing by OPC, by a chartered accountant (in whole-time practice) or cost accountant (in whole-time practice) or company secretary (in whole-time practice) by digitally signing the eForm.

Attachments

Proof of Registered Office address (Conveyance/Lease deed/ Rent Agreement etc. along with the rent receipts).

Copies of the utility bills (proof of evidence of any utility service like telephone, gas ,electricity etc. depicting the address of the premises not older than two months is required to be attached).

Altered Memorandum of association: This is mandatory to attach in case of shifting of registered office from one state to another within the jurisdiction of same RoC or from one state to another outside the jurisdiction of existing RoC.

A proof that the Company is permitted to use the address…… Authorization from the owner or occupant of the premises along with proof of ownership or occupancy and it is mandatory if registered office is owned by any other entity/ person (not taken on lease by company).

Certified copy of order of competent authority: It is mandatory to attach in case of shifting of registered office from one RoC to another within the same state or from one state to another within the jurisdiction of same RoC or from one state to another outside the jurisdiction of existing RoC.

List of all the companies (specifying their CIN) having the same registered office address, if any.

Certificates

Form INC-22 will be processed by the office of Registrar of Companies.

In case of change in registered office from one state to another, a new CIN shall be allocated to the company as per the new state code and a system generated certificate of shifting of registered office from one state to another state is issued by the new Registrar. A certificate of shifting of registered office from jurisdiction of one RoC to the other RoC within a State is also issued by new Registrar and sent to the user. These certificates are sent as an attachment to the email, after approval is granted.

Fee:

In case of company have share capital

In case of company not having share capital:

Rupees 200

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