Thinking of registering a business, but unsure about whether the place you’re doing business falls under the compliance requirements mandated by the MCA? In this article, we discuss everything you need to know about having a registered office while incorporating a private limited company.
The Private limited company registration gives you access to crucial benefits. You can easily add more shareholders up to a maximum of 200 members, attract top talent, raise equity and loans, among other things. But there is no such thing as a free lunch. To demonstrate that you are deserving of these benefits, you must follow the rules and regulations of the Companies Act of 2013. Here is what is required of a private limited company’s registered office within the first 30 days of incorporation:
Registered Office of a Company
The registered workplace of a business enterprise is an area to which all authentic communications bearing on a Company is sent. In addition to a registered workplace, a business enterprise could have an company workplace or administrative workplace or department workplace or factory, etc., However, most effective the registered workplace of the Company wishes to be registered with the Ministry of Corporate Affairs. All different workplaces or extra places may be opened with the aid of using a business enterprise with none intimation to the ROC.
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The registered workplace of the Company can even decide the abode of the business enterprise (State of Incorporation). The kingdom or place wherein the registered workplace of the Company is located will decide the Registrar of Company (ROC) to which the software for business enterprise registration need to be made. Any extrade of cope with of Registered Office need to be notified to the Registrar of Company (ROC) inside a distinct period.
Registered Office Requirements
The company must have a registered office capable of receiving and acknowledging communication and notices as of the 15th day of its incorporation. Within 30 days of incorporation, the company must file a verification of the registered office with the Registrar of Companies in form INC-22.
Furthermore, every business must:
- Paint or affix its name, and the address of its reg office, and keep the same painted or affixed, on the outside of every office or place in which its business is carried on, in a conspicuous position and in legible letters. This board must be in one of the languages in general use in that locality;
- Have its name engraved in legible characters on its common seal, if any;
iii. Get its name, address of its registered office and the Corporate Identity Number (CIN), along with telephone number, fax number, if any, e-mail and website addresses, if any, printed in all its business letters, billheads, letter papers and in all its notices and other official publications; and
- In case of any default in complying with any of these requirements in respect to the registered office etc., a company and every officer who is in default shall be subjected to a penalty of ₹1,000 for every day during which the default continues, not exceeding ₹1,00,000.
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Documentary Proof of Registered Office
Customarily, the following documents need to be submitted when asserting a company’s registered office during incorporation:
- Electricity bill/water bill/property tax receipt
- No-Objection Certificate (NOC) from the landlord of the registered office
- Rental or lease agreement between the landlord and the company.
It is crucial to highlight that the name and address on the electricity bill/water bill/property tax receipt must exactly match the landlord’s NOC certificate and the rental agreement. Besides that, a company’s registered office cannot be a vacant lot or a building under construction. There is no requirement, however, that the registered office is a commercial or industrial property. A company’s reg office can also be a residential property.
If the company has not locked down on a registered office when filing for incorporation, the Companies Act, 2013: https://www.mca.gov.in/Ministry/pdf/CompaniesAct2013.pdf allows such a company to declare a temporary address.
However, within 15 days of the company’s incorporation, the reg office must be declared by filing INC 22.
Registered Office Change
Once the registered workplace of a Company is asserted through submitting INC 22, any in addition adjustments to the registered workplace of the Company have to be intimated to the ROC. Any alternate is registered workplace cope with inside the identical place of metropolis or metropolis or village have to be notified inside fifteen days through submitting the perfect forms. In case of alternate of registered workplace of a enterprise, outdoor the neighborhood limits of any metropolis, metropolis or village, then the alternate of registered workplace have to be accredited through a unique decision handed through the Company. If the registered workplace of a enterprise is to be modified from one jurisdiction of a ROC to any other jurisdiction, then the alternate in registered workplace have to be accredited through the Regional Director of ROC. Visit vakilsearch for greater facts about Changing registered office of a business.
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All you need to do from your end is take the first step to contact our team. Following that, our team of professionals will leave no stones unturned in their endeavour to incorporate your dream company. Get Vakilsearch on your team right now!
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