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Form 18 submission (Corporate Law)

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This query is : Resolved



( Author )
12 November 2013

Dear Experts,

I m incorporating a company with a register office which is owned by relative(mother of Director) of one of director.
I submitted form 18 with address proof ie. latest electricity bill and NOC of Mother for using the office as registered office of the company. But ROC department has asked me to resubmit the form 18 WITH CORRECT ATTACHMENT AND INFORMATION as per the minsitry Circular.

What are the correct attachments to be submitted in such case? Is there any need to enter into any agreement with mother?
If yes then please provide me the format of such agreement.
Thank you in advance.


Ajay Mishra

( Expert )
12 November 2013

Hi

Form-18 Attachment- If Premises is on Lease

(a) Lease/rent agreement
(b) any proof that such premises is owned by that company, like, electricity bill, water supply bill.

If Premises is owned by Director

(a) NOC from director
(b) (b) any proof that such premises is owned by that director, like, electricity bill, water supply bill, passport, voter ID card.
(c) Lease/rent agreement


Ajay Mishra

( Expert )
12 November 2013

In your case the premises is owned by your mother then lease agreement will be made with your mother.


Mahavir K.Godse

( Author )
12 November 2013

Dear Ajay Sir,

Since director's mother is the owner of property no rent is paid and no lease agreement is prepared.

Also in form 18 point 4 b selected is "registered office is owned by any other entity/person (not taken on lease by company)" which means it is not necessary to have lease agreement of mother.
Is there any other agreement or proof required in such case as mare NOC is not accepted by ROC.

Can an affidavit authorizing company to use the premises as registered office of company be prepared?


Ajay Mishra

( Expert )
12 November 2013

In my opinion:


Whether rent is paid or not rent agreement is mandatory.

Payment of rent is one term of your rent agreement.

So attache the same and all proof should be in the name of your mother for proving that she is the owner of premises.


Mahavir K.Godse

( Author )
12 November 2013

Thank you Ajay Sir.


Ajay Mishra

( Expert )
12 November 2013

My Pleasure..........


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