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In India, every business including Limited Liability Partnership, Private Company, Public Company is required to have a registered office. In this article, we will be discussing the requirement for Registered Office for Private Limited Company.
The registered office is the official address of a company, which forms part of the public record. It is the head office of the company, where all the communication relating to the company is sent by the government department. It is an essential requirement for company registration. Only the registered office should be registered with the MCA and all other offices or locations can be opened without any intimation to ROC.
As per Companies Act, 2013 for Private Company Registration in India having a registered office is a mandatory requirement. This registered office for Private Limited Company needs to be registered with the Ministry of Corporate Affairs. All the documents and data of a company are required to be placed at the registered office of the company. After registration every company is required to:
Registered Office for Private Limited Company is a mandatory requirement for the following reasons:
Apart from the above-mentioned reasons, there is an additional benefit. Since you can have a registered office anywhere you wish. Having a registered office at a reputed place gives a good impression of your office.
Apart from the registered office, a registered company can have multiple places of business. Such a place of business can include:
The only point of difference is that, as stated earlier, the company is not required to intimate the authorities about these additional place of business only registered office address is to be intimated to the ROC.
Unlike companies Act under GST regulations the company is required to intimate all the places of business to the GST authorities at the time of Online GST registration.
Section 12 of Companies Act, 2013 mandates that every registered company must have a registered office address within 30 days from the date of incorporation and at all times thereafter.
One can intimate the authorities about the location of the registered office address via the following two options:
If you zeroed in on a location as registered office address of your proposed company then you can intimate about the registered office.
If you had not intimated the ROC about the registered office located at the time of incorporation then you can do that within 30days of successful registration. This intimation is filed through Form INC-22.
In both of the above mentioned cases following documents are required to be filed:
If any registered company fails to notify the ROC about the first location or any further change in the registered office address then it will be subjected to penalty under Companies Act, 2013. If you fail to file INC-22 within 30 days then a penalty of 1000 rupees is required to be paid. However, if the default continues, the penalty amount will also keep on increasing.
If you plan to change the registered office of your company then the authorities must be notified within 30 days. This change can be of the following three types:
In this case, only INC-22 is required to be filed.
Here along with the filing of INC-22 Regional Director (RD) is also required.
In this case, MOA of the company is required to be amended along with submission of INC-23. For further information read our blog on the change in the registered office of the company
It is mandatory for every company to have a registered office on and from the 30th day of incorporation of the company or Company Registration, capable of acknowledging and receiving all the communications as may be addressed to it. If you do not comply with the requirements of the registered office, you will have to pay a fine also.
Having a registered office at a reputed place improves the reputation of your business. A registered office of a Private Limited Company can be shifted anywhere in India, by complying with the provisions of Companies Act, 2013.
Read our article:E-Form MGT-14: Its Concept and the Procedure for Filing it