arti mehta (Article) (70 Points)
02 May 2011What can be done in following case?
A Pvt Ltd Company is Registered with 3 Directors.The registered POB is the place owned by one of the director and the NOC for the same has been obtained from him.The certificate of Incorporation contains the same address. Now Roc is demanding the Address Proof as POB registered in the name of the Company which is not in the given case.What can be done??
A.Mallik
(Associate)
(35 Points)
Replied 02 May 2011
I think a lease deed may be exceuted between the director and the Company in this regard. Also need to check the applicability of section 297 of the Companies Act. Request others to provide their thoughts on the same. Thanks
SANTOSH SHAH
(Company Secretary)
(754 Points)
Replied 03 May 2011
| Originally posted by : arti mehta | ||
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What can be done in following case? A Pvt Ltd Company is Registered with 3 Directors.The registered POB is the place owned by one of the director and the NOC for the same has been obtained from him.The certificate of Incorporation contains the same address. Now Roc is demanding the Address Proof as POB registered in the name of the Company which is not in the given case.What can be done?? |
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Hi Aarti
In my view
The Place of Business from where company operates should be either owned by
the company, or an agreement entered with company on rent or lease as may be.
Mere NOC from Director will not do.
Its Place of Business should be grounded by an agreement.
Other contray views solicited
regards
Santosh Shah
arti mehta
(Article)
(70 Points)
Replied 04 May 2011
hi Santosh,
Can a Leave & License agreement made between the Company and Director wherein Company is giving Rent to Director?
arti mehta
(Article)
(70 Points)
Replied 04 May 2011
hi Santosh,
Can a Leave & License agreement made between the Company and Director wherein Company is giving Rent to Director?
U S Sharma
(glidor@gmail.com)
(21063 Points)
Replied 04 May 2011
| Originally posted by : arti mehta | ||
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What can be done in following case? A Pvt Ltd Company is Registered with 3 Directors.The registered POB is the place owned by one of the director and the NOC for the same has been obtained from him.The certificate of Incorporation contains the same address. Now Roc is demanding the Address Proof as POB registered in the name of the Company which is not in the given case.What can be done?? |
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you have registration of shop & extablishment/ profession tax/ certificate of enlishment ( trade licnece) , produce that as proof of address,
SANTOSH SHAH
(Company Secretary)
(754 Points)
Replied 04 May 2011
| Originally posted by : arti mehta | ||
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hi Santosh, Can a Leave & License agreement made between the Company and Director wherein Company is giving Rent to Director? |
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Hi Aarti
In my view Leave & License agreement can be made b/w Company & Director
for giving place of business on Rent .
If the director is also promoter then disclosure & approval would be required to shareholders
as the promoter should not make profits by being in fiduciary capacity.
The agreement would be valid also for Sales tax / VAT Registration etc as proof of address as stated by
Mr.Sharma.
Other views solicited
regards
Santosh Shah
Kaustubh Shevade
(Fresher CS)
(25 Points)
Replied 04 May 2011
Hi All,
I think as far as , Form 18 is concerned ......it does not ask for any Proof of the Address of the Company.
Even it is not mentioned in section 146 that the address proof is required to be given. Therefore, it not mandatory to provide to ROC, any kind of address proof.
Even I had a word with Mumbai ROC, some days before regarding the same issue, but he also agreed what i have interpreted here.
So I advice you to approach the ROc with this clarification.
But i am not clear, in what matter the ROc is demanding the Address Proof. Can you pls clarify?
Thanks & Regards,
Kaustubh Shevade
SANTOSH SHAH
(Company Secretary)
(754 Points)
Replied 04 May 2011
| Originally posted by : Kaustubh Shevade | ||
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Hi All, I think as far as , Form 18 is concerned ......it does not ask for any Proof of the Address of the Company. Even it is not mentioned in section 146 that the address proof is required to be given. Therefore, it not mandatory to provide to ROC, any kind of address proof. Even I had a word with Mumbai ROC, some days before regarding the same issue, but he also agreed what i have interpreted here. So I advice you to approach the ROc with this clarification. But i am not clear, in what matter the ROc is demanding the Address Proof. Can you pls clarify? Thanks & Regards, Kaustubh Shevade |
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Hi Kaustubh
You are right that Form 18 does not require any attachment.
However a company when formed should have an address proof, as post
incorporation will be required for Sales Tax / VAT Registration & other matters.
So unless a company enter into any agreement be it on Rent / Lease,
the company cannot give address proof to these authorities.
Hence agreement is required. Mere NOC from director will not do in this case.
Also Aarti you can check with ROC on specific reason for such proof,
as Form 18 are not filed with any attachments.
regards
Santosh Shah
Kaustubh Shevade
(Fresher CS)
(25 Points)
Replied 04 May 2011
Hi,
Thanks for the reply.
With regards to the Address of the Company to be shown to others, we can proveide the uploaded (filed) copy of the Form 18, its Challan & the approval email from MCA.
As the Certificate Approving for 18 is not generated by MCA,,,,,we and others have to rely on these docs.
For the purpose of VAT & Sales Tax Registration:
Practise that I used to follow is to take the SIMPLE NOC from the Owner of the premises (without making any Agreement, with suppliment as above mentioned docs. And it used to work.
I think this is suficient.
Thanks,
Kaustubh
SkDash
(CS (Member) CWA (Final))
(909 Points)
Replied 04 May 2011
Hi Arti
Pl dont go into complexity in entering lease agreement etc. Write a simple letter to the RoC that consent has been given by the Director to the Co to operate its business and attach the NOC. This will suffice. Let the RoC reply to that. You are not violating any law and there is nowhere mentioned in the Act that POB should be in own/leased place. Lets teach lesson to RoC incase we stand perfect in law.
Santosh
CAclubindia
