These companies are under obligation to fulfill the statutory requirements imposed by the Companies Act and RBI. One such requirement is to inform both ROC and RBI when the company shifts their registered office.
This article focuses on the procedure NBFC must follow to change their registered office.
The registered office of NBFC can be shifted in the following ways:
REGISTERED OFFICE CAN BE SHIFTED AT
Shifting to the same city, town, or village
Approval from the Board is required
Shifting outside the local limit of the existing place, but within the same state under the jurisdiction of the same ROC
Approval from the Board and members are required
Shifting to a place from the jurisdiction of one registrar to that of another registrar within the same state
Approval from the Board, Members, and Regional Directors is required
Shifting from one state to another state
In order to change the registered office of the NBFC, the following procedure must be followed:
The Company shall pass board resolution for shifting of the registered office of the company, fixing day, date, and time of Extra-Ordinary General Meeting, and authorizing any director or CS to make an application to RD and other related compliance required for such purpose.
Hold an Extra-Ordinary General Meeting to obtain approval from members through a special resolution for shifting to a registered office.
The company shall require a No Objection Certificate (NOC) from RBI. For such purpose, a written application shall be made to RBI by an authorized representative of the company.
After RBI is satisfied that the company shall be given NOC, it shall issue the same.
The Company shall surrender the original Certificate of Registration to RBI after obtaining approval for change in registered office from ROC. Thereafter, RBI shall issue the Certificate of Registration (CoR) to NBFC with the changed address.