Registered Office Requirement for Private Limited Company

Ashish M. Shaji

20 Oct, 2020

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.

What is a Registered Office?

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.

Registered Office Required for Company Registration in India

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:

• Paint or affix its name and address of its registered office on the outside of every office and place of business.
• Print the name, the Corporate Identity Number (CIN) and registered office address, along with telephone number, and e-mail, on all its business letters, invoices, letterheads and in all its notices and other official publications.

Reasons for the Registered Office Address Requirement

Registered Office for Private Limited Company is a mandatory requirement for the following reasons:

• The registered office or Private Limited Company determines its domicile and the registrar of a company to which application for registration is to be made.
• Registered Office for Private Limited Company makes the company capable of receiving and acknowledging all communications as may be addressed to it. Having a registered office doesn’t only comply with the legal requirements, but also is proof that your company has a valid postal address. It ensures formal and official communication and it also ensures that you get all the letters and documents sent to you by government offices.
• All the documents, registers, records, etc. are maintained at the registered office of the registered company.

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.

Can a Company have any other Place of Business?

Apart from the registered office, a registered company can have multiple places of business. Such a place of business can include:

• Administrative Office
• Corporate Office
• Branch Office
• Warehouse
• Factory site etc.

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.

When should a Company have a Registered Office?

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.

How to intimate ROC of Registered Office Address?

One can intimate the authorities about the location of the registered office address via the following two options:

• At the time of company Registration

If you zeroed in on a location as registered office address of your proposed company then you can intimate about the registered office.

• After company registration

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:

1. Copy of address proof (Electricity Bill / Water Bill / Property Tax Receipt). It must not be older than 2 months.
2. If the property is on rent then a rental agreement is required. In the Agreement the proposed company must be named as a tenant.
3. A signed No Objection certificate from the owner of the property.

Penalty Provisions in case of Default

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.

Change in Registered Office

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:

• Change within the same state and ROC

In this case, only INC-22 is required to be filed.

• Change within the same state, but outside the jurisdiction different ROC.

Here along with the filing of INC-22 Regional Director (RD) is also required.

• Change from one state to another state.

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

Conclusion

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