Maintenance of Registered Office
The registered office of the company is the official address of the company where any communication relating to the company is sent. As it is a public record therefore different Government Departments and other organizations use the same record to communicate with the Company. The registered office of the Company is decided at the time of incorporation of the Company. Later on, at any stage, we can change the registered office of the Company by following the procedure laid down under the Companies Act,2013.
Incorporation of a company
A company shall, within thirty days of its incorporation and at all times thereafter, have a registered office capable of receiving and acknowledging all communications and notices as may be addressed to it. The company must file necessary address proof such as conveyance/lease deed/rent agreement etc and a copy of the utility bill (not older than two months) at the time of incorporation. In case the company has not decided the registered office of the company during the process of incorporation, then the company may provide the temporary correspondence address.
Click Here to read a complete book on the Companies Act, 2013 The Companies Act2013
Filing of INC-22 form with ROC
As per the latest amendment, every company must declare/register its registered office by filing form INC-22 within 30 days from its incorporation.
Change in Registered Office of a company
Once the registered office of the company is registered, the same can be changed at any stage. For changing the registered office-appropriate procedure is to be followed. Notice of every change of the situation of the registered office, after the date of incorporation of the company, shall be given to the Registrar within thirty days of the change, who shall record the same.
Registered Office outside limit of any city
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.
Change of Registered Office from one jurisdiction to another
If the registered office of a company is to be changed from the jurisdiction of one registrar to the jurisdiction of another Registrar, then the change in registered office must be approved by the Regional Director.
Affixing of Company’s signage
Every company shall paint or affix its name, and the address of its registered 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, in legible letters.
Relevant Sections of the Companies Act, 2013
(i) as per Section 7(4) of the Companies Act, 2013 “The company shall maintain and preserve at its registered office, copies of all documents and information as originally filed under sub-section (1) till its dissolution under this Act.
(ii) as per Section 12(1) of the Companies Act, 2013 “A company shall (within 30 days of its incorporation) and all times thereafter, have a registered office capable of receiving & acknowledging all communications and notices as may be addressed to it.” It means, the company should never be without a registered office address and facility to received mail & notices, etc.
Therefore, it is our free advice that you should never give a chance to the Registrar of Companies to take actions for non-compliance for the failure of maintenance of the registered office.
Penal action for non-maintenance of Registered Office
The Registrar of Companies takes action as per the following sections on the Company as well as the Directors for not maintaining a registered office.
(i) Section 12(9) – Fine of Rs.1,000/- per day (Max. One Lakh) on Company as well as on all Directors.
(ii) Section 447– punishment for fraud.
(iii) Section 448– punishment for false statement
(iv) Section 449– punishment for false evidence.
It is advised that the Tenant Company should take a Table Space and put a Name Tally on the door & table space, in case you feel that someone may visit your registered office for inspection from ROC or GST or any other authority.
Business registrations & returns
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