Documentation
A rent agreement and no-objection certificate specifically for using a premises as a company or LLP's registered office. Includes the clauses MCA requires for INC-22 and the ROC filing, and is ready for stamp duty and notarization.
Every company and LLP incorporation requires a registered office address, and the MCA requires a rent agreement and no-objection certificate in a specific format. We draft both, ready for stamp duty and the ROC filing.
The Companies Act, 2013 (Section 12) and the LLP Act, 2008 (Section 13) require every company and LLP to have a registered office from the date of incorporation. The Registrar of Companies requires proof of the registered office address: a rent agreement (if the premises are rented), a no-objection certificate from the owner, and a utility bill not older than two months.
The rent agreement for a registered office is not the same as a standard residential rent agreement. It must explicitly allow use of the premises as a registered office for a company or LLP, and the no-objection certificate must specifically consent to this use. Missing these elements leads to rejection of the INC-22 filing or incorporation application.
Scope
Specifics
A standard residential rent agreement does not mention commercial or registered office use. The ROC and the incorporating authority require the agreement to explicitly state that the premises can be used as the registered office of a company or LLP. The no-objection certificate must be a separate document signed by the owner, specifically consenting to this use.
Rent agreements must be stamped according to the state's Stamp Act. The stamp duty varies by state: in Delhi, it is typically 2% of the average annual rent; in Maharashtra, it is higher and must be paid through the e-stamping portal. An unstamped agreement is inadmissible as evidence in court and may be rejected by the ROC.
You need this agreement when incorporating a new company or LLP (it is part of the incorporation documents), when changing the registered office address (INC-22 filing), or when the existing rent agreement has expired and needs renewal.
Process
Step 1 of 4
Share the premises details
Address, landlord details, rent amount, and lease term.
Common mistakes founders make
Clarifications
Yes, if the coworking space provides a no-objection certificate specifically allowing registered office use and a utility bill in the coworking company's name. Some ROCs may ask for additional proof that the space is dedicated, not a virtual address.
The MCA does not specify a minimum lease term, but a lease of less than 11 months may raise questions during verification. An 11-month agreement (which avoids mandatory registration under the Registration Act) is the most common choice.
A no-objection certificate from the family member is still required. The agreement can reflect a nominal rent. The utility bill should be in the owner's name at that address.
In most states, a lease agreement for 11 months or less does not need to be registered with the Sub-Registrar. Leases exceeding 11 months must be registered under the Registration Act, 1908.
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