In Today’s article, We will Discuss What is the Registered office of a company and why Is it necessary to Declare Registered Office While Incorporating a company.
What is Registered office of a Company
When you form or incorporate a company or LLP in India. The owners or members of any company or LLP must announce the Registered office of a company or LLP during an embodiment of The organization and maintain certain documents at the registered office.The registered office of a company is a place to which all official communications pertaining to a Company is sent.On and from the 15th day of its embodiment, the company is required to have a registered office. The company is required to file for the authentication of the registered office with the Registrar of Companies in a period of 30 days of its incorporation in form INC-22.The registered office of the Company obligated to be registered with the Ministry of Corporate Affairs, All other offices or additional locations can be opened by a company without any communication to the registrar of the companies.
Registered Office Requirement during Company Registration
At the time of incorporation of a Company, it is essential to declare the Registered office of the Company and submit documentary information and evidence. Generally, Following documents are to be submitted while disclosing a registered office of a company during incorporation:
- Electricity Bill / Water Bill / Property Tax Receipt
- No-Objection Certificate (NOC) from Landlord for Registered Office
- Rental or Lease Agreement between Landlord and the Company
It is significant to note that the name and address specified on the electricity bill, water bill, property tax receipt must completely match the NOC Certificate from Landlord and the Rental Agreement. Further, the registered office of a company cannot be a vacant land or building under construction. However, there is also no specification mentioned that the registered office should be a commercial or industrial property. The registered office of a company can also be a residential property.
In case the company has not determined the registered office of the Company while filing for incorporation, Companies Act, 2013 furnishes the choice for the Company to declare a temporary address. The registered office of the Company must then be acknowledged by filing INC 22 within 15 days of incorporation of the Company.
Registered Office Change
Once the registered office of a Company is stated by filing INC 22 form, any extra development to the registered office of the Company must be asserted to the ROC. Any change in registered office address within the same area of city or town or village must be disclosed within fifteen days by filing the application forms. In case of change of registered office of a company, exterior to the local limits of any city, town or village, then the transition of registered office must be accepted by a special resolution passed by the Company. If the registered office of a company is to be changed from one jurisdiction of a ROC to another jurisdiction, then the change in registered office must be approved by the Regional Director of ROC.
Registered Office of an LLP
The stipulation for registered office of a Limited Liability Partnership (LLP) is very identical to the registered office of a company. Therefore, the theory covered in this piece is relevant for an LLP also, with the transition to forms to be filed for affirmation of registered office of an LLP.