Many of the start-ups remain confused about what is a registered office and how it is determined. Hence, in this article we shall try to understand the concept of Registered Office and various factors revolving it.

So what is a Registered Office?

Registered Office of the company is the main office of the organisation where all communication relating to the company is sent by the Ministry of Corporate Affairs, India. During the time of Incorporation the company must disclose its registered office and maintain certain documents there. The city of the registered office determines the jurisdiction of Register of Company it belongs to.

So, does this mean one cannot have another office barring the registered office?

No. One can have numerous offices including corporate office, administrative office, branch office, service centers which can be different from the registered office. In fact, global giants like ITC have registered office in Kolkata and corporate office in Mumbai. The Ministry however, shall have the records of only the Registered Office in its database and any change in it needs to be informed to the Ministry by filing requisite forms. The Ministry if deem fit shall send any notice only to the registered office and expects the company to keep certain documents in its database.

What are the documents required for Registered office?

Mainly three types of documents is needed i.e. Property Deed, Utility Bill and No objection Certificate from the owner.

A) Property Deed would include –

Copy of ownership deed/sale deed (if property is owned)

Copy of rent agreement along with latest rent receipt and latest property receipt in the name of the owner (if property is rented)

B) Utility Bill would include (in the name of the owner of the property and not more than 2 months old)

• Copy of latest electric bill or,
• Copy of telephone bill or,
• Copy of latest mobile bill or,
• Copy of latest gas bill

C) No Objection Certificate from the owner of the Property

If the company operates from a startup-warehouse, incubation center or a shared office space then the above documents shall be accompanied with the allotment letter and approval inform of Board Resolution from the owner of the property (only if the owner is a company)

So, does it mean one has to file all the documents during the time of Incorporation?

Here too the answer is no. The Company Act, 2013 clearly states that the Company should identify the registered office within 15 days and file the requisite form within 30 days of Incorporation. In other words a company has 30 days to finalise the Registered Office of the company.

Can the company change the registered office?

Yes, the company can change its Registered Office. For it to change its Registered Office it needs to procure all the documents pertaining to the registered office as mentioned above and pass the necessary resolution. Also we need to file requisite forms to the Ministry for its approval. To understand the details procedure of the same one can visit our article ROC Compliances – Procedure of change in registered office.

 

What are the documents that have to be kept in Registered Office?

• INCORPORATION DOCUMENTS OF THE COMPANY
• MEMORANDUM AND ARTICLES OF ASSOCIATION
• RECORD OF PRIVATE PLACEMENT
• REGISTER OF RENEWED AND DUPLICATE SHARE CERTIFICATE
• REGISTER OF SWEAT EQUITY SHARES
• REGISTER OF MEMBER
• REGISTER OF CHARGES
• REGISTER OF ESOP
• REGISTER OF DEPOSIT
• MINUTES OF THE MEETINGS

 

What is the penalty of non-compliance?

As per the regulations, if there is non-compliance in this regards 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 rupee.

 

For details regarding this feel free to drop in a line to us at Taxmantra.com.