Overview:
One of the essential documents required for company registration is the No Objection Certificate (NOC) from the owner of the registered office address. Without this document, you cannot register your business entity under a company structure in India. Following the NOC format for the registered office not only facilitates legal registration of your business but also ensures the smooth execution of business operations.
A company is a legal entity that comes into existence upon its registration under Section 3 of the Companies Act, 2013. The entire incorporation process is conducted online, eliminating the need for physical document submission to the Registrar of Companies (ROC) for the issuance of the Certificate of Incorporation. However, if the company changes its registered address after incorporation, it must inform the ROC by filing Form INC-22 to notify the new address.
The rules established by the Registrar of Companies (ROC) stipulate that before a company occupies any address, it must obtain a No Objection Certificate (NOC) from the owner of the premises. This certificate grants permission for the premises to be used and maintained as the registered office of the company. While there is no specific format prescribed under the Companies Act or its associated rules, the NOC format provided below can be utilized by companies in India.
Format of NOC from the Owner of The Registered Address
At the time of a company’s incorporation, the promoters must provide details of the registered company to the Registrar of Companies (ROC) using the SPICe+ form. To complete the registration process, promoters are required to obtain a No Objection Certificate (NOC) from the owner of the proposed registered address, along with any of the following documents to serve as proof of the registered address:
Electricity Bill
Gas Bill
Telephone Bill
Mobile Bill
Under the new simplified method of company registration, a company can be established using a communication address. This means that it is not mandatory to provide a registered address at the time of incorporation. However, once registered, the company must submit the registered office address along with the necessary proof and the No Objection Certificate (NOC) from the owner of the premises.
It is essential for the company to update the Registrar of Companies (ROC) each time the registered address changes. If the company does not own the premises, an NOC for the registered office address is always required and should be attached to Form INC-22.
Section 12 of the Companies Act mandates that every company must maintain a registered address at all times. This address is initially provided as an attachment to the SPICe+ form during the incorporation process. Should the company change its address post-incorporation, the new registered address must be communicated to the ROC using Form INC-22.
Conclusion:
Section 12 of the Companies Act requires companies to maintain a registered address to ensure smooth business operations without facing any legal repercussions. If you are registering your business, it is essential to obtain a No Objection Certificate (NOC) for your registered office address if it is owned by another party or individual. The information provided above offers deeper insights into the requirements and includes a sample NOC certificate format for your company’s registered office address from the property owner.