Registered office of a company is the main office of the Company to which all communication relating to the company is sent by the governmental departments. The promoters of a company or LLP must declare the registered office of the company during incorporation and maintain certain documents at the registered office. In this article, we review the process for selection and maintenance of a registered office of a company.
Registered Office of a Company
The registered office of a company is a place to which all official communications pertaining to a Company is sent. In addition to a registered office, a company can have a corporate office or administrative office or branch office or factory, etc., however, only the registered office of the Company needs to be registered with the Ministry of Corporate Affairs. All other offices or additional locations can be opened by a company without any intimation to the ROC.
The registered office of the Company will also determine the domicile of the company (State of Incorporation). The state or location in which the registered office of the Company is situated will determine the Registrar of Company (ROC) to which the application for company registration must be made. Any change of address of Registered Office must be notified to the Registrar of Company (ROC) within a specified period.
Registered Office Requirement during Company Registration
At the time of incorporation of a Company, it is important to declare the registered office of the Company and submit documentary evidence. Typically, the following documents must be submitted while declaring 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 important to note that the name and address mentioned on the electricity bill / water bill / property tax receipt exactly 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 requirement for the registered office to be a commercial or industrial property. The registered office of a company can also be a residential property.
In case the company 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. The registered office of the Company must then be declared by filing INC 22 within 15 days of incorporation of the Company.
Registered Office Change
Once the registered office of a Company is declared by filing INC 22, any further changes to the registered office of the Company must be intimated to the ROC. Any change is registered office address within the same area of city or town or village must be notified within fifteen days by filing the appropriate forms. In case of change of registered office of a company, outside the local limits of any city, town or village, then the change of registered office must be approved 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. Visit jrawal.com for more information relating to change of registered office of a Company.
Registered Office of a LLP
The requirement for registered office of a Limited Liability Partnership (LLP) is very similar to registered office of a company. Therefore, the concepts covered in this article are applicable for a LLP also, with changes to forms to be filed for declaration of registered office of a LLP.