Significance of Registered Office Under Section 12 of Companies Act & Form INC-22 Filing

A registered office set up a fundamental step for any organization, laying the cornerstone of its legal recognition and performance framework. According to the provision of Section 12 of the Companies Act, 2013, this designated office provides as official address for all legal process and communications going in an organization. Furthermore, filing Form INC-22 with the Registrar of Companies (RoC) is a significant compliance need to make sure accountability and transparency in the corporate ecosystem. In the legal window team will explain you about the importance of maintaining a registered office and crucial of timely INC-22 Form filing for companies performing under the ambit of the Companies Act, 2013.

Short Note on Registered Office of a Company

A registered office is an official address of a Company, which is governing legal needs. The registered office of a company is also called by its principal place of business to manage all required documents. It provides the primary way to connect for official meetings, communications, and legal processes. In the other words, we can say that the address shall be complete, physical postal address in the similar jurisdiction where the organization is registered.

Laws governing the e-Form

Here are certain e-Form INC-22 is needed to be filed as per the section 12(2) & 12(4) of the Companies Act, 2013 and Rule 25 & 27 of the Companies (Incorporation) Rules, 2014:

• Section 12 of the Companies Act, 2013: (2) The company shall provide the Registrar verification of its registered office within a time of 30 days of its formation in such way as prescribed.

(4) Notice of each alteration of the circumstances registered office, verified in the way mentioned, after the date of company’s formation, shall be provided to the Registrar within 15 days of change, who shall record the same.

• Rule 25: Verification of the registered office: 

• The Form INC 22 verify the registered office with the fees and;

• There shall be attached certain documents such as:

• Registered document of the title of the properties of the registered office in the name of an organization; or

• require evidence like any utility service such as gas, telephone, electricity, etc. in which address along with the name of the owner mentioned in the document, which may not be older than two months;

• the notarized copy of rent/ lease agreement in the organization’s name with a rent paid receipt copy not older than a month; and
• the authorization from the occupant or owner of the premises with the ownership proof occupancy authorization, to use the building by the organization as its registered office.
• Rule 27: Notice and verification of circumstances changes of the registered office: There is a notice of amendment of the circumstances of the registered office and verification thereof must be filed in Form INC-22 along with the prescribed fee and shall be attached to said form. The same documents and way of verification are mentioned for verification of Registered Office on formation as above terms need to fulfilled as mentioned in section 12(2).

How to file INC-22 In V3 Portal?

Here is a step-by-step process to file INC-22, which will be provided in section 12(3) of the Companies Act, 2013 need to follow by the company some needs are setting up registered office:

• Attach the name and address of the registered office and also mentioned the offices along with places, where business is carried out in a visible place in legible language that can be understood by the local people.
• Acquire name and address of the registered office and Corporate Identity Number (CIN) with a fax number and telephone, email, letter papers, billheads, website on all business letters, official publications, and billheads.
• Have seal on the company’s name.
• Have name printed on exchange bills, hundies, promissory notes and other documents. 

In case the one-person company, the similar must be printed in brackets alongside the registered office name. A company will be penalized in case the registered office CIN and address are not provided on the company letterhead.

All you need to know about the procedure regarding Change in LLPs Registered Office Address

Importance of Registered Office of a Company

As prescribed in section 12 of the Companies Act, 2013, an organization must have a registered office, which should receive all legal documents of that organization. The registered office is significant to a company since the place where all official and legal communications through the company sent. Through which one can determine the domicile of an organization and provides the organization a good corporate image in case it is located in honored area. This will lead to increase the business sales, and construct a good image for the organization in front of the consumers.  

Amendment in the Registered Office of a Company

The Company can change the registered office of a company at any stage with relevant process. The notice of each amendment in the circumstances of the registered office shall be submitted to the Registrar within days of the alteration. The company has passed the special resolution if the business will be outside the local limits of a city. It leads to change regional director for the change of registrars. Each company must have name and address of the registered office and put the same on the outside business office in that the company performances being handled.

Process for Change of Registered Office from One state to another

Final thoughts

Through the above information, we can say that the registered office provision of section 12 of the Companies Act, 2013 and the filing of Form INC-22 play a crucial role in setting up the legal structure, make sure compliance, and having transparency in corporate sector. Companies must identify the importance of managing a registered office and complying with Form INC-22 filing need to uphold corporate integrity, provide efficient communication and strengthen trust among shareholders. By prioritizing these responsibilities, companies demonstrate their commitment to legislation compliance and contribute to a robust and credible business environment.