INC-22

[Vivek Hegde]

Dear Members,

As per Rule 25, there shall be attached to the form, the notarized copy of lease / rent agreement in the name of the company along with a copy of rent paid receipt not older than one month.

However, there is no reference to notarization in the Form. Getting the notarization on the above documents is mandatory? Should wait till we get the first rent receipt to file Form INC-22?

Warm Regards

CS Vivek Hegde,B.com, ACS, CWA

Vivek Hegde & Co.
Company Secretaries
No. 2034, 26th Cross, K.R.Road
Banashankari II Stage, Behind 

Sevakshetra Hospital

Bangalore-560070
Mob : 09900898223

Off: 080 26710677

[shubha sri]

Dear Sir,

Yes, it is mandatory to notarize the lease deed. Further, it does not mean that you should wait for a month to get the utility bills. The rule clearly says in Rule 25(d) that the utility bills in the name of the owner or document depicting the address of the premises should be submitted.

Hence, the utility bills from the owner can be attached in Form INC-22.

Other Members views are solicited.

Regards,

Shubha

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[Vivek Hegde]

Thank you.

But I am talking about rent receipt.

Warm Regards

CS Vivek Hegde,B.com, ACS, CWA

Vivek Hegde & Co.
Company Secretaries
No. 2034, 26th Cross, K.R.Road
Banashankari II Stage, Behind 

Sevakshetra Hospital

Bangalore-560070
Mob : 09900898223

Off: 080 26710677

[nishi jain]

dear shubha,

I had gone through form INC- 22

in my opinion to change existing private company registered office address with in local limits following attachment is sufficient

1. utility bill depicting the registered office address:- the existence of registered office is necessary same is valid if it is in the name of owner and not in company name.

2 proof of registered office address :- a copy of  board resolution will do. here again the  CTC board resolution should be on companies letter head (name of company, old office address , CIN no. of company, email id of company, telephone no. fax no) or conveyance/ lease deed/ rent agreement with rent receipt is required.

3. No objection certificate by owner for permitting address as companies registered office

4. copy of competent authority order is not required In such case.

 Note:- like in companies act 1956 a company can change its registered office address after taking approval from roc with in 15 days of board meeting as per new companies act 2013 or first it has to change address and get the same verified.

PLEASE SUGGEST ME and guide me if anything is left.

Attachments

 Proof of registered office address (Conveyance/ Lease deed/ Rent Agreement etc. along with the rent receipts is required to be attached).  Copies of the utility bills (proof of evidence of any utility service like telephone, gas ,electricity etc. depicting the address of the premises not older than two months is required to be attached).  Proof that the company is permitted to use the address as the registered office of the Company ……… (Authorization from the owner or occupant of the premises along with proof of ownership or occupancy and it is mandatory if registered office is owned by any other entity/ person (not taken on lease by company).

[shubha sri]

Dear Sir,

If you are attaching rental agreement, then rent receipts should be attached. As per my view, notarising the Rental agreement itself complies with the provision. Hence rental receipt need not be notarised. 

However practically it is difficult to get the rent receipts for the ongoing first month, but don't wait till you get the first rent receipt because the time limit to file form is only 15 days. Hence, talk to the owner and arrange for rent receipts in advance.

Regards,

Shubha

[Jayashree Chandrasekaran]

how can one get rent receipts in advance?????
Jayashree

On 4/29/14, shubha sri <shubha...@gmail.com> wrote:
> Dear Sir,
>

>> *Attachments *

>>
>>  Proof of registered office address (Conveyance/ Lease deed/ Rent
>> Agreement etc. along with the rent receipts is required to be attached).
>>
>>  Copies of the utility bills (proof of evidence of any utility service
>> like telephone, gas ,electricity etc. depicting the address of the
>> premises
>> not older than two months is required to be attached).
>>
>>  Proof that the company is permitted to use the address as the
>> registered office of the Company ……… (Authorization from the owner or
>> occupant of the premises along with proof of ownership or occupancy and
>> it
>> is mandatory if registered office is owned by any other entity/ person
>> (not
>> taken on lease by company).
>>
>>
>> On Tue, Apr 29, 2014 at 12:47 PM, Vivek Hegde
>> <vivekhe...@gmail.com>wrote:
>>
>>> Thank you.
>>>
>>> But I am talking about rent receipt.
>>>
>>>
>>>

>>> *Warm RegardsCS Vivek Hegde,B.com, ACS, CWA*
>>>
>>> *Vivek Hegde & Co.*

>>>>> *Warm RegardsCS Vivek Hegde,B.com, ACS, CWA*
>>>>>
>>>>> *Vivek Hegde & Co.*

C.JAYASHREE
PROPRIETOR
S.GANESH&ASSOCIATES
CHENNAI
98840 17120

[SrikanthReddyKolli CS]

Usually some amount may be deposited as advance amount say for 6/3 months advance. That receipt might suffice.

[SAMEER KULKARNI]

Dear members,

Can anybody clarify that since the company is not yet registered at the time of rent agreement, who will be the parties towards the Rent Agreement, By wt way makes it a good document.

[nishi jain]

Sameer even I am facing the same situation. please sugest

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[Rajesh Kumar]

Dear sir

One way is that enter into agreement after incorporation of the company as now you can file INC 22 within 15 days after incorporation( not compulsory to file at the time of incorporation). 

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Thanks & Regards

CS Rajesh Kumar
Company Secretary
Mobile-7299930310, 9380068080

[SAMEER KULKARNI]

Dear Sir,

When i raised query  regarding this matter with R.O.C, they told to draft agreement in the name of company and in bracket as "Company under process of Incorporation", but my question is for notarisation it is not perfect document, its only a draft agreement.

[shubha sri]

Dear Sir

Please refer Company Rules, 2014, Rule 25(C), where they have mentioned about the authorisation from the owner or authorized occupant.

Hence, I would suggest that rental agreement can be entered in the name of the proposed director and a letter from him authorizing the company to use it as registered office can be attached in Form INC-22. 

Other Members views are solicited.

. 

Regards,

Shubha

[Pari S.]

what all documents required for change in RO, if it it owned by the third party.ie. owned by any other person / entity (not taken on lease by the co)

My client has given me Leave and License agreement between A(licensor) and B(licensee).
I think they cannot give to a company for RO purpose on rent., when B is already occupying and paying rent

members plzz confirm.

[Pari S.]

Can director's residence with all valid proofs and NOC be used as Registered Office of the company as New CA 2013 ..?

Members....pls reply

[CS AAKANSHA JAIN]

Can director's residence with all valid proofs and NOC be used as Registered Office of the company as New CA 2013 ..?

Members....pls reply

[amit soni]

Dear Pari,

Yes Director's Resident with valid proofs and NOC can be used for Regd. office.

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Thanks & Regards
 
CS Amit Soni
B.Com, LL.B., CS
Mob.- 9098632675

[amit soni]

I am agreed with Shubha for executing rent agreement in name of Director and enclosing letter from owner to allow the premises as registered office. Further, I have done the same recently and got the company incorporated.

[R Somani]

Have u visited the premises, as required, before certifying the form.