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E-Form INC -22

What is Roc E-Form Inc-22?

If the company decides to move its registered office E-Form INC-22 . The company must inform the Registrar within 15 days of such a change.

E-Form Inc-22

A company is must have an official registered office from the fifteenth day of its incorporation .It should receive and acknowledge all communication and notices that are addressed to it.

But the verification of the registered office must be furnished to the Registrar within a period of 30 days of company incorporation.

Change in Registered office:

A company can change its registered office whenever required. When making the change, they should file form INC-22 with the Registrar regarding the situation of its registered office in the manner specified by the Companies (Incorporation) Rules 2014.

 

  1. Change within local limits of city, town or village
    • The approval must be obtained by way of a Board Resolution.
    • Once the Board Resolution is obtained, e-Form INC – 22 must be filed within 15 days of the date when the resolution was passed.
  2. Change outside local limits of city, town or village, within the same RoC and same state
    • Approval by way of Board Resolution must be obtained.
    • A Special Resolution must be passed through Form MGT – 14 within 15 days of obtaining the Board Resolution.
    • Within 30 days of passing of the Special Resolution, the application for notice of change of registered office of the company has to be made in the e-Form INC – 22.
  3. Change in RoC within the same state
    • Once Board Resolution and Special Resolution have been obtained and Form MGT – 14 has been filed accordingly, e-Form INC – 23 should be filed.
    • E-Form INC – 23 consists of an application made to the Regional Director to shift the registered office of the company from one RoC to another within the same state.
    • Once approval of the Regional Director has been obtained, within 60 days of the RD passing the order, e-Form INC – 28 must be filed.
    • E-Form INC – 28 is filed to give the notice of the order of the court, Tribunal or other competent authority.
    • Lastly, once the steps mentioned above have been performed, e-Form INC -22 has to be filed.
  4. Change in state within the jurisdiction of the same RoC
    • Approval must first be obtained for the alteration of the MOA.
    • Once Board Resolution and Special Resolution have been obtained and Form MGT – 14 has been filed accordingly, e-Form INC – 23 should be filed
    • E-Form INC – 23 has to be filed at least a month after serving notice to the creditors and publishing the advertisement in the newspaper giving notice of change in registered office.
    • Once the approval of the RD has been obtained via E-Form INC – 23, within 30 days of the order being passed, e-Form INC – 28 has to be filed.
    • Upon completion of the steps mentioned above the e-Form INC -22 has to be filed.
  5. Change in state outside the jurisdiction of the existing RoC
    • Approval must first be obtained for the alteration of the MOA.
    • Once Board Resolution and Special Resolution have been obtained and Form MGT – 14 has been filed accordingly, e-Form INC – 23 should be filed.
    • E-Form INC – 23 has to be filed at least a month after serving notice to the creditors and publishing the advertisement in the newspaper stating a change in registered office.
    • Once the approval of the RD has been obtained via E-Form INC – 23, within 30 days of the order being passed, e-Form INC – 28 has to be filed.
    • After completing the aforementioned steps, e-Form INC -22 has to be filed.

Filing of E-Form:

The filing has two parts .

Part 1 and Part 2 along with attachements to be shared.

The Part 1  form has Information and particulars pertaining to the organization

Part 2 – Information and Particulars regarding the Notice of Change of Registered Office

There are also attachments to be furnished too.

 

Fees For Filing Inc-22

The fees to be paid for the filing of E-Form INC – 22 varies in each case. For companies having share capital, it is as follows:-

Nominal Share Capital (Rs.) Fee Applicable
Less than 1,00,000 Rs. 200
1,00,000 to 4,99,000 Rs. 300
5,00,000 to 24,99,000 Rs. 400
25,00,000 to 99,99,999 Rs. 500
1,00,00,000 or more Rs. 600

For companies without share capital, the fees amounts to Rs. 200. In case of delay in filing the same, the late fees shall be applied in the following manner:-

Period of Delay Penalty
Up to 30 days 2 times the normal fees
More than 30 days and up to 60 days 4 times the normal fees
More than 60 days and up to 90 days 6 times the normal fees
More than 90 days and  up to 180 days 10 times the normal fees
More than 180 days 12 times the normal fees