Section 12 of companies act 2013
This query is : Resolved
27 August 2014
1) Section 12 of companies Act says - within 15 days of incorporation, the company must have a registered office. But before company incorporation at registration time itself one informs the address of registered office. Should one inform registrar again within 15 days of registration regarding company's registered office? IF yes, which form to use for reporting?
2) Section 12 of companies Act says - within 30 days of incorporation the company has to furnish to registrar verification of registered office. What is verification of registered office ? who does the verification? Which form to use for reporting regarding verification?
2) Section 12 of companies Act says - within 30 days of incorporation the company has to furnish to registrar verification of registered office. What is verification of registered office ? who does the verification? Which form to use for reporting regarding verification?
27 August 2014
1. No.
2. Yes. The verification of the registered office shall be filed in Form No.INC.22 along with the fee, and
There shall be attached to said Form, any of the following documents, namely :-
(a) the registered document of the title of the premises of the registered office in the name of the
company; or
(b) the notarized copy of lease or rent agreement in the name of the company along with a copy of
rent paid receipt not older than one month;
(c) the authorization from the owner or authorized occupant of the premises along with proof of
ownership or occupancy authorization, to use the premises by the company as its registered
office; and
(d) the proof of evidence of any utility service like telephone, gas, electricity, etc. depicting the
address of the premises in the name of the owner or document, as the case may be, which is
not older than two months.
2. Yes. The verification of the registered office shall be filed in Form No.INC.22 along with the fee, and
There shall be attached to said Form, any of the following documents, namely :-
(a) the registered document of the title of the premises of the registered office in the name of the
company; or
(b) the notarized copy of lease or rent agreement in the name of the company along with a copy of
rent paid receipt not older than one month;
(c) the authorization from the owner or authorized occupant of the premises along with proof of
ownership or occupancy authorization, to use the premises by the company as its registered
office; and
(d) the proof of evidence of any utility service like telephone, gas, electricity, etc. depicting the
address of the premises in the name of the owner or document, as the case may be, which is
not older than two months.
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27 August 2014
Thanks for your response Sir
1) a) Why section 12 says - one must have registered office within 15 days of incorporation while the address is given at the time of incorporation itself ?
2) Should the title of the premises or rent agreement be in the name of the company? Is not it ok if it is in one of the director's name and he gives a declarationn that he has entered into agreement in his name but the contract is for the company?
Thanks
1) a) Why section 12 says - one must have registered office within 15 days of incorporation while the address is given at the time of incorporation itself ?
2) Should the title of the premises or rent agreement be in the name of the company? Is not it ok if it is in one of the director's name and he gives a declarationn that he has entered into agreement in his name but the contract is for the company?
Thanks
23 July 2025
Great questions on Section 12 of the Companies Act, 2013 regarding the registered office! Let me clarify each part carefully:
1) Regarding informing the Registrar about the registered office
At the time of incorporation, the company must provide an address for its registered office in the incorporation documents (in the SPICe form or similar).
However, Section 12(1) states that the company must have its registered office within 15 days of incorporation.
So, even though the address is given at incorporation, within 15 days after incorporation, the company is required to inform the Registrar officially about the exact address of its registered office by filing Form INC-22 (Notice of Situation or Change of Registered Office).
This is because sometimes the address given at incorporation is temporary or provisional, and the company must confirm and notify the exact registered office.
2) Verification of Registered Office within 30 days of incorporation
Section 12(5) requires the company to furnish a verification of registered office to the Registrar within 30 days of incorporation.
What is verification of registered office?
Verification is basically proof and confirmation that the registered office actually exists at the given address.
It is done by an affidavit from a director or company secretary and usually requires the covering of a utility bill or a rent agreement, along with a declaration from the owner or a letter of authorization if the premises are rented.
This verification is required to confirm the physical existence of the office.
Who does the verification?
A director or company secretary of the company files the verification.
Which form is used for reporting?
The verification is filed via Form INC-22, which also serves as the notice of registered office.
3) Why Section 12 says the company must have registered office within 15 days when address is given at incorporation?
The address given at incorporation may be provisional or tentative.
The law wants the company to confirm the registered office address with proof within 15 days of incorporation so that the Registrar has an accurate and verified address.
This helps in official correspondence and legal processes.
4) Regarding title or rent agreement in the name of director or company
Ideally, the registered office premises must be owned or leased in the name of the company.
However, it is allowed to have the title or rent agreement in the name of a director or any other person, provided:
There is a declaration or letter from that person confirming that the premises are given for use as the registered office of the company.
This declaration should be submitted along with Form INC-22.
This is a common practice in startups or newly incorporated companies.
Summary table:
Query Answer
Need to inform Registrar about registered office again? Yes, within 15 days using Form INC-22
What is verification of registered office? Proof and affidavit confirming the office exists at address
Who does verification? Director or Company Secretary
Should title/rent agreement be in company's name? Ideally yes, but can be in director's name with declaration
1) Regarding informing the Registrar about the registered office
At the time of incorporation, the company must provide an address for its registered office in the incorporation documents (in the SPICe form or similar).
However, Section 12(1) states that the company must have its registered office within 15 days of incorporation.
So, even though the address is given at incorporation, within 15 days after incorporation, the company is required to inform the Registrar officially about the exact address of its registered office by filing Form INC-22 (Notice of Situation or Change of Registered Office).
This is because sometimes the address given at incorporation is temporary or provisional, and the company must confirm and notify the exact registered office.
2) Verification of Registered Office within 30 days of incorporation
Section 12(5) requires the company to furnish a verification of registered office to the Registrar within 30 days of incorporation.
What is verification of registered office?
Verification is basically proof and confirmation that the registered office actually exists at the given address.
It is done by an affidavit from a director or company secretary and usually requires the covering of a utility bill or a rent agreement, along with a declaration from the owner or a letter of authorization if the premises are rented.
This verification is required to confirm the physical existence of the office.
Who does the verification?
A director or company secretary of the company files the verification.
Which form is used for reporting?
The verification is filed via Form INC-22, which also serves as the notice of registered office.
3) Why Section 12 says the company must have registered office within 15 days when address is given at incorporation?
The address given at incorporation may be provisional or tentative.
The law wants the company to confirm the registered office address with proof within 15 days of incorporation so that the Registrar has an accurate and verified address.
This helps in official correspondence and legal processes.
4) Regarding title or rent agreement in the name of director or company
Ideally, the registered office premises must be owned or leased in the name of the company.
However, it is allowed to have the title or rent agreement in the name of a director or any other person, provided:
There is a declaration or letter from that person confirming that the premises are given for use as the registered office of the company.
This declaration should be submitted along with Form INC-22.
This is a common practice in startups or newly incorporated companies.
Summary table:
Query Answer
Need to inform Registrar about registered office again? Yes, within 15 days using Form INC-22
What is verification of registered office? Proof and affidavit confirming the office exists at address
Who does verification? Director or Company Secretary
Should title/rent agreement be in company's name? Ideally yes, but can be in director's name with declaration
23 July 2025
Great questions on Section 12 of the Companies Act, 2013 regarding the registered office! Let me clarify each part carefully:
1) Regarding informing the Registrar about the registered office
At the time of incorporation, the company must provide an address for its registered office in the incorporation documents (in the SPICe form or similar).
However, Section 12(1) states that the company must have its registered office within 15 days of incorporation.
So, even though the address is given at incorporation, within 15 days after incorporation, the company is required to inform the Registrar officially about the exact address of its registered office by filing Form INC-22 (Notice of Situation or Change of Registered Office).
This is because sometimes the address given at incorporation is temporary or provisional, and the company must confirm and notify the exact registered office.
2) Verification of Registered Office within 30 days of incorporation
Section 12(5) requires the company to furnish a verification of registered office to the Registrar within 30 days of incorporation.
What is verification of registered office?
Verification is basically proof and confirmation that the registered office actually exists at the given address.
It is done by an affidavit from a director or company secretary and usually requires the covering of a utility bill or a rent agreement, along with a declaration from the owner or a letter of authorization if the premises are rented.
This verification is required to confirm the physical existence of the office.
Who does the verification?
A director or company secretary of the company files the verification.
Which form is used for reporting?
The verification is filed via Form INC-22, which also serves as the notice of registered office.
3) Why Section 12 says the company must have registered office within 15 days when address is given at incorporation?
The address given at incorporation may be provisional or tentative.
The law wants the company to confirm the registered office address with proof within 15 days of incorporation so that the Registrar has an accurate and verified address.
This helps in official correspondence and legal processes.
4) Regarding title or rent agreement in the name of director or company
Ideally, the registered office premises must be owned or leased in the name of the company.
However, it is allowed to have the title or rent agreement in the name of a director or any other person, provided:
There is a declaration or letter from that person confirming that the premises are given for use as the registered office of the company.
This declaration should be submitted along with Form INC-22.
This is a common practice in startups or newly incorporated companies.
Summary table:
Query Answer
Need to inform Registrar about registered office again? Yes, within 15 days using Form INC-22
What is verification of registered office? Proof and affidavit confirming the office exists at address
Who does verification? Director or Company Secretary
Should title/rent agreement be in company's name? Ideally yes, but can be in director's name with declaration
1) Regarding informing the Registrar about the registered office
At the time of incorporation, the company must provide an address for its registered office in the incorporation documents (in the SPICe form or similar).
However, Section 12(1) states that the company must have its registered office within 15 days of incorporation.
So, even though the address is given at incorporation, within 15 days after incorporation, the company is required to inform the Registrar officially about the exact address of its registered office by filing Form INC-22 (Notice of Situation or Change of Registered Office).
This is because sometimes the address given at incorporation is temporary or provisional, and the company must confirm and notify the exact registered office.
2) Verification of Registered Office within 30 days of incorporation
Section 12(5) requires the company to furnish a verification of registered office to the Registrar within 30 days of incorporation.
What is verification of registered office?
Verification is basically proof and confirmation that the registered office actually exists at the given address.
It is done by an affidavit from a director or company secretary and usually requires the covering of a utility bill or a rent agreement, along with a declaration from the owner or a letter of authorization if the premises are rented.
This verification is required to confirm the physical existence of the office.
Who does the verification?
A director or company secretary of the company files the verification.
Which form is used for reporting?
The verification is filed via Form INC-22, which also serves as the notice of registered office.
3) Why Section 12 says the company must have registered office within 15 days when address is given at incorporation?
The address given at incorporation may be provisional or tentative.
The law wants the company to confirm the registered office address with proof within 15 days of incorporation so that the Registrar has an accurate and verified address.
This helps in official correspondence and legal processes.
4) Regarding title or rent agreement in the name of director or company
Ideally, the registered office premises must be owned or leased in the name of the company.
However, it is allowed to have the title or rent agreement in the name of a director or any other person, provided:
There is a declaration or letter from that person confirming that the premises are given for use as the registered office of the company.
This declaration should be submitted along with Form INC-22.
This is a common practice in startups or newly incorporated companies.
Summary table:
Query Answer
Need to inform Registrar about registered office again? Yes, within 15 days using Form INC-22
What is verification of registered office? Proof and affidavit confirming the office exists at address
Who does verification? Director or Company Secretary
Should title/rent agreement be in company's name? Ideally yes, but can be in director's name with declaration
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