Registered Office of Private Limited Company
Existing Provision
Section 12 (1) A company shall, on and from the fifteenth day of its incorporation and at all times thereafter, have a registered office capable of receiving and acknowledging all notices and communications may be addressed to it.
Notice of each amendment of the situated registered office, verified in the manner prescribed, after the date of companies incorporation, shall be given to the Registrar within 15 days of the amendment, who shall record the same.
Amendments as per Companies (Amendment) Act, 2017
In section 12 of the principal Act, – In sub-section (1), for the words “on and from the 15 day of its incorporation”, the words “within 30 days of its incorporation” shall be substituted, In sub-section (4), for the words “within 15 days”, the words “within 30 days” shall be substituted.
Revised Provision
Revised Section 12 (1) – A company shall, within 30 days of its incorporation and at all times thereafter, have a registered office capable of receiving and acknowledging all communications and notices as may be addressed to it. Revised Section 12(4) – Notice of every amendment of the situation of the registered office, verified in the manner prescribed, after the date of company’s incorporation, shall be stated to the Registrar within 30 days of the change, who shall record the same.
Explanation
Section 12 (1) requires that a company shall, on and from the 15 day of its incorporation, and at all times thereafter, have a registered office. This does not allow a company to have its registered office immediately on incorporation, or earlier than the 15 day of its incorporation, whereas a company could have its office from the day of its incorporation. The amendment provides for a company to have its registered office within 30 days of its incorporation. The given time period for notice of change of situation of registered office is increased from 15 days to 30 days.
There were difficulties in filing the prescribed form for change of the registered office of a company with the Registrar. The concern was that the period of 15 days is too short as certain documents like lease deeds, rent agreements and other related documents are required to be submitted excluding various approvals that may have to be obtained. Accordingly to address the concerns, the period is increased to 30 days.
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