Every company incorporated in India must have a registered office address in India which shall be its principal place of business and communication address for ROC and other agencies for every official correspondence.
For any reason, you may have to shift your principal place of business be it within the city, within a state, or in a different city or in a different state altogether an intimation and sometimes approval to ROC is must. The registered office of a company is that to which official correspondence and all formal legal notices addressed to the company will be sent.
While incorporating a Company it is important to declare the registered office of the Company and to submit the relevant documents. Here is the list of documents to be submitted while declaring a registered office of a company during the incorporation of the company:
Electricity Bill/Water Bill/ Property Tax Receipt.
NOC from the Landlord in case if the place is rented.
Rent or the lease agreement between the landlord and the company.
The name and the address on the electricity bill/water bill/ property tax receipts should exactly match the NOC certificate by the landlord and the rental agreement. There is no such requirement for the registered office to be a commercial or industrial property. Also, the registered office cannot be vacant land or a building that is under construction. The registered office of a company can also be a residential property.
If the company has not decided the registered office of the company while filing for incorporation. The Companies Act, 2013 also provides the option for the company to declare a temporary address. The registered office of the company should be later declared by filing INC22 within 15 days of incorporating a company.
Every company who has shifted registered office must give notice to Ministry within 30 days of such change. However, a special resolution is needed in the case registered office has been shifted to another city in the same state. In the case where a registered office has been shifted from one state to another, the Company has to complete certain formalities. It must then give a newspaper advertisement and also a notice to the State Government and obtain NOC.
A Company would want to change its office after some time. The registered office of a company needs to be changed with prior intimation. MCA has provided procedures to change the address of the company, this must be followed by the company.
If any default is made in complying with the procedural requirements of change in registered office of company, the company and every officer who is in default shall be liable to a penalty of one thousand rupees for every day during which the default continues but not exceeding one lakh rupees.
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