Registered office of a company is the main office where all communication relating to the company is sent by the Governmental departments. The promoters of a company must declare the Registered office of the company during incorporation and maintain certain documents at the registered office. In this article, you will get to know about the process and documents required for Registered Office Address.

As per Companies Act 2013,

It is mandatory for every company to have a registered office which should also be registered on the Ministry of Corporate Affairs (MCA). All the documents and data are required to be placed at the registered office of the company only. After registration every company must-

  • Paint and affix the company name and address of its registered office on the outside of every office and place of business in the language which is generally used in that locality.
  • Get its name, Corporate Identity Number (CIN) and registered office address along with telephone number, and e-mail, on the business letters, invoices, letter paper, bill heads and other official publications.

DOCUMENTS REQUIRED FOR REGISTERED OFFICE ADDRESS

At the time of Incorporation of a company, it is important to declare the registered office of the Company and submit the documentary evidence. Anyone from following documents must be submitted while declaring a registered office of a company during incorporation:

  • Electricity Bill / Telephone Bill /Mobile Bill/ Gas Bill.
  • No-Objection Certificate (NOC) from owner for Registered Office.
  • Rental or Lease Agreement between owner and the Company.

It is important to note that the name and address mentioned on Utility Bills must exactly match the NOC Certificate from Owner and the Rental Agreement. Any of above Utility Bill shall not be older than 2 months from the date of submission to MCA.

NOTE: – The registered office of a company cannot be a vacant land or an under-construction building. However, there is no requirement that the registered office must be situated at commercial or industrial property. The registered office of a company can also be at residential property and that is why Gas Bill is accepted.

In case the company which has not decided the registered office of the Company while filing for incorporation, Companies Act 2013, provides the option for the Company to declare a Temporary Address.

Note: This temporary address is called the correspondence address of the company. In this case, company needs to file INC-22 within 30 days of incorporation. What it means it that company must have registered office address of its own within 30 days of incorporation and file INC-22 for the situation of registered office of the company as per section 12 of the Companies Act, 2013.

What is Temporary Registered Address?

The temporary address of the company can be submitted as the proof of the company along with the No objection Certificate (NOC) from the owner of the property. However, this address can be used up to 30 days from the date of incorporation after which INC-22 has to be filed. If there is delay in filing INC-22, late fees will be levied by the MCA. However, Rent Agreement and NOC are to be executed within 30 days only as after this period, it will be a non-compliance of Section 12 of the Companies Act, 2013.

CHANGE IN REGISTERED OFFICE

If you want to change the registered office of the Company, it must be intimated within 30 days to the ROC.

The change in the Registered Office of the company is of three types:

  • Change within same state and ROC

The company is required to file eForm INC-22

  • Change within same state but shifted from the jurisdiction of one ROC to another.

The company is required to file both eForm INC-23 RD’s approval and eForm INC-28 for notice of RD’s approval order and eForm INC-22 only once.

  • Change from one state to another

 

In this case, complete procedure of shifting from one state to another state or one ROC to different ROC within the same state has to take place. In some case, there may be change in state of the registered office of the company, however ROC may remain the same. Company has to file MGT-14, GNL-1/GNL-2, INC-23, INC-28 and INC-22.

PENALTY IN CASE OF DEFAULT UNDER SECTION 12

If any company fails to notify the ROC about the first location or any changes made in the registered office shall be subjected to impose penalty under The Companies Act 2013. If a company fails to file form INC 22 within 30 days of incorporation of the company the penalty of the prescribed amount shall be paid to MCA.

CONCLUSION

It is mandatory for every company to get its registered address on or before the 30th day of incorporation. In case, a company does not comply with the section 12 requirements of the registered office, the penalty shall be imposed. If the registered address of the company is at reputed place it can improve the reputation of the company. These days, many startups are also opting for virtual office given by co-working spaces. Moreover, you may note that a registered address of the company can be shifted anywhere in India by the provisions of The Companies Act 2013.

FREQUENTLY ASKED QUESTIONS

Q1. Can a company have any other place of business?

Ans. Apart from the registered office, a company can work in multiple places such as branch office, corporate office, head offices, warehouses etc.

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