Form 18 Major changes/MCA Notification (Situation of Registered Address of the Company)

Major changes in Form 18 (Situation of Registered Address of the Company)

As per Notification dated 24/12/2012 by the Ministry of Corporate Affairs.

Applicability : New as well as existing Company.

Applicable Section : Section 146 of the Companies Act.1956.

While incorporating a new Private Limited company or Public Limited company OR while shifting of office address, e- form 18 has to be filed with Registrar of Companies within whose jurisdiction the office of the company is situated.

Documents required :

1. Proof of Registered address  (This is a mandatory field of e-form 18)

2. No Objection certificate from the director if registered office is owned by director (not taken on lease by the company)

3. A proof that the company is permitted to use the address as the registered office of the company if the same is owned by any other entity / Person (not taken on lease by the company)

Certification :

For Form 18, a certification from CA/CS/CWA (in Whole Time Practice) shall be required that he/she has personally visited the new address and verified it and given opinion that the premises are indeed at the disposal of the applicant company.



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95 thoughts on “Form 18 Major changes/MCA Notification (Situation of Registered Address of the Company)

  1. ma’am
    can a company use take a property on lease to use as its registered office?

  2. MAM Kindly reply

    if a premise belonging to a director is let out to its own partnership firm then can the director also give same premise on rent to its private limited company

  3. Pl. quote for registration od PVT LTD company form step one to get get registration certificate

  4. Hello Ma’am

    An existing company which has FDI in it is incorporating a new Pvt Ltd. Company with different director and stakeholders for transferring its e-commerce business as the same is in violation of FDI Policy of India.The new company will operate from the existing office only which is on lease in the name of the existing company. Can the existing office be the registered office of the new company in question or is it mandatory to execute a separate agreement with the Landlord in the name of the new company.

  5. Hello,

    We are trying to register a new company in Bangalore. I don’t have any property at bangalore but i can get NOC from my uncle for using the flat for registering my company. Can you please let me know what and all document i need if i want to register using this address.

    Regards,

    Raj

    • If the Property belongs to another person, then NOC should be obtained from him and you shall be required to submit following documents with Form INC-22
      1. A proof of registered address( Conveyance/ Proof of registered office address (conveyance/ lease deed/rent agreement along with rent receipt)
      2. Copies of utility bills not older than two months
      3. A proof that company is permitted to use the address as the registered office of the company if the same is owned by any other entity/person (not taken on lease by company)

  6. Mam, i am making a company for my client and the registered office to be used by company is owned by a Director. The Director will give it on rent to the company.

    Can you please tell me that while filing form 18, which option should be selected:

    a) Owned By Director(not taken on lease by company or
    b) Taken on lease by company

    Please also tell me which documents should be submitted along with it as per the relevant option selected.

    Thanks in advance.

  7. I am incorporating a company. when i submitted form 18, remarks submitted by ROC is “Address given in e-form 18 mis-match with utility bill. Hindi affidavit is requires.”
    Actually address in electricity bill is not full address. can u tell me format of Affidavit?
    what should i write?

  8. MA’AM plz….help me telling that is it mandatory to provide NOC on a stamp paper or on the letterhead of the company ?

  9. I am forming a company for my client. After filing of Form 18 a remarks has been posted by ROC that ” please also furnish ownership proof of the title of owner of registered office address.”
    What document should I submit in this regard? Please suggest.

  10. Dear Madam,

    Whether an application needs to be made to the ROC for issue of Fresh (Second) Certificate of Incorporation for Change of Registered Office within local limits of city, town or village.

  11. Hello Madam
    My shop is give on rent to someone else. Can I still register the company on my shop address.

  12. Dear Madam,
    I have the rental agreement with landlord. I also have NOC from the landlord. I also have BSNL landline bill in my name. Board resolution is also available.

    But I can not produce the electricity bill either on my name or on the landlord Name!!

    will it work at ROC in patna for filing form 18 for change of address of a registered pvt ltd company ?

    • Please check whether the shifting of Registered office is from one city to another or from one state to another. Accordingly the procedure to submit documents with the Government will change.

      The ROC will accept electricity bill or Index II or lease agreement, telephone bill. Whoever is the owner will have to submit his NOC along with proof. The Company will submit board resolution, address proof and NOC if the company is shifting the office from one place to another within the same city or local limits.

  13. My client has own building property tax receipt and electricity bill in old address but all other documents are different in address client claims there is wrong in dept database. so what documents can be substantiated for filing e form 18
    NOC from directors – taken
    but other docs are not matching with actual address

  14. Hello
    I want to know one thing. Whether fresh certificate of incorporation is issued with new address after Form 18 or only “Approved” status is shown for such SRN ?

    • ROC shall not issue Fresh certificate of incorporation with new address after shifting of office (i.e. filing form 18). Only Approved status is shown and approval from ROC will be sufficient evidence to give effect of shifting.

  15. We are Forming a Pvt Ltd Co. in Mumbai,
    My Query is for EForm 18(Property owned by other Entity )

    The Client has Provided us
    1.Leave and Licence Agreement (Notarized).
    2.Noc (By The Owner Of Property)
    3.Electricity Bill(Previous owner Name i.e the Builder’s name)

    The Problem is that The Electricity Bill is not In the name of the Current Owner of the premises(as Mentioned in the Leave and Licence Agreement),
    It is in the name of the Builder of that premises
    So, Is it Sufficient to Submit The Above first 2 documents in Eform 18,
    Without facing the Resubmission issue???

    And Also The Leave an Licence Agreement should Be between
    “The Owner of the Property and Director” or
    It Must be Between The “Owner of Property and proposed Company”.

    Please do the Needful

    Thanks
    Sorry For the Inconvenience….

    • I would advise you to submit address proof and the no objection certificate from the owner so that there won’t be any re submission. It would advisable to execute leave and licence agreement after formation of company because at that time the company has been formed and the agreement would be between owner and new company.

  16. i really appreciate for this. Thanks for sharing the valuable information on the site.

  17. Meenalji,
    Form 18 submitted with Rent agreement ( in favour of one director) and NOC from Landlord. Now RESUB reqd with this remark…. “The Column 4 (b) filled in F.18 and its attachment differs.” (Ticked… taken on lease by company) Pl advice what went wrong.
    Thankyou!

  18. Form No. 18 – For NOC from owner

    How much rupees stamp is require ?

    And should it be notarised ?

  19. My client’s company is shifting its registered office outside the local locality, town, area in which it is situated.
    So, what are the documents required for filing form 18, ACCORDING TO THE COMPANIES ACT 2013, if the new office is owned by other entity/other person(not taken on lease by the Co.)

    • Currently the old provisions of Companies Act 1956 are applicable to the shifting of registered office outside the local limits. The relevant section as per Companies Act 2013 is not yet implemented. Please refer my blog – procedure of shifting office outside the local limits which is self explanatory. If the new office is owned by other entity or other person, please obtain No objection from him and light bill copy and attach to form 18.

  20. Dear Mam,
    The Company is incorporated in 2011, 2 days back i have filed form 18 for changes of address,So do we have to amend our AOA and MOA ? If yes, what is the procedure and formalities,

    • If the company has changed its registered address from earlier to new,it is not mentioned in the Act that the Memorandum and articles of association should be altered accordingly. You will have to inform about change of address to banker, government authority and can submit earlier Memorandum and articles which was filed during incorporation and submit Form 18 and ROC challan.

  21. Helo,
    Now i am planning to register a new pvt company, for submitting form 18, i think the following is sufficient. The property is taken in the name of one of the director.
    1) Form 18
    2)Notarised Rental agrement in the name of director
    3)NOC from director (notarized)
    4)NOC from Landlord (notarized)
    5)attested copy of property tax or tellephone bill or electricity bill in the name of landlord.

    please rewrite the above with suitable modifications. Regards

  22. Hello Madam ,

    I am planning to register a company in bangalore at the residence where I currently stay. The problem is I rent this place and except for the airtel telephone bill , I dont haveanything on myname. What are my alternatives? I do have a lease agreement on my name . Do I need to get an Noc from the owner ? I am not shre my owner will help me but in any case , canyou please give me a format of that NOC madam ?

  23. For Form 18 attachment, the property is owned by the mother of the director of the company,now what proof should i attach as address proof or noc or rental agreement.

    • For form 18, if the property is owned by mother of the director of the company, electricity bill, tax bill shall be attached along with NOC from owner.

  24. Hello Mam.I am a company secretary in practice.my client is from mumbai.now he wants to shift its registered office address to delhi. so pls tell me the complete procedure along with forms step by step.

  25. Thank you very much for your valuable information.
    I read all the articles you posted, and am sure it’ll help me to move forward on company formation process

  26. Kindly help me….I m registering new company , father of promoter director is owner of proposed register office for company. NOC will be sufficient??? to attached with form 18?

    • Yes, “No Objection certificate” will be sufficient from owner of the property to be attached with e-form 18.

  27. Hello,

    Quick query- For purpose of incorporation in Delhi –
    i) Whether MTNL phone bill suffices as address proof?
    ii) If not, what kind of documents would be required in a situation where the premises are owned by late grandfather of proposed director and his family is living in the premises and no will was executed by the late grandfather.

  28. Hi Ma’m
    I hav one query relating to compliances with Roc and Rbi by NBFCs. Pls guide me.

  29. date of board resolution and date of noc is same whether there will be any problem at the time of e filing?

    • Can you please clarify me to which e form you are referring ? If it assumed that it is about forms of incorporation, there won’t be any problem if date of board resolution and NOC is same.

  30. I was an employee of company named Innovest Agrotech Pvt.Ltd which was IT company. but it is not running on the registered address. & the address mentioned on my offer letter, joining letter was registered address.
    now i have changed the company, but my verification of previous company got failed due to third party verification on registred address. now my job in danger. I have discussed issue with previous company people, but they are not entertaining me.

    So my question is how can i prove to my current company that my previous company is registered ?

  31. Hi
    A Pvt Ltd co. has changed its branch office within the same city.The new place being owned by the director of the company.
    What are the requirements to be done by the company in case of change of branch office.

    • The Company Act has specified the provision of shifting of registered office. The company shall be required to pass board resolution to inform the board of directors about the change.

  32. Hi
    A Pvt Ltd Co has shifted its branch office within the city, the new place being owned by one of its director, for which rent agreement is there b/w co & director.
    What is the requirement, in case of change of branch office, to be done by company.

    • The Company Act has specified the provision of shifting of registered office. The company shall be required to pass board resolution to inform the board of directors about the change.

  33. MEENAL MA’AM YOU ARE SHARING VALUABLE INFORMATION WITH US…..THANK YOU [:)]

  34. I run a Pvt Ltd Company. Recently we changed our location to a new premises .While filing Form 18 what docs I require? one is rental agreement ?and the other Electricity Bill or Property tax receipt or water bill receipt?
    please advise.

    • I think you have not mentioned whether shifting is within the same city or outside state? While submitting form 18 with ROC you have to check whether the shifting is within the same city/ different state and accordingly submit resolution with ROC. Regarding address proof, you can submit Rental agreement or electricity bill or property tax receipt. Also please check who is the owner?- whether it is a company/ director/ third person, accordingly you should submit No Objection Certificate along with other necessary documents with Form 18.

      • the shifting is in the same city/state. (karnataka/bangalore)
        premises belongs to 3rd party.
        so in this case i submit the following:

        1.rental agreement 2. electricity bill in nae of owner.
        am i correct?

        • If the shifting of registered office within same city, town then board resolution will be sufficient and rental agreement, or electricity bill of owner and NOC will be correct document to submit.

          • Mam would a scanned Passport copy would suffice as a proof of ownership provided by the person for whom such property is being taken on lease…
            And is the NOC mandatory to be done on stamp paper and also notarised ?

          • Passport will not be acceptable as address proof, either light bill or tax bill will be considered. Also duly notarised NOC will be required from an owner.

  35. Madom,
    is the NOC to be printed on stamp paper

  36. Hi,

    I am registering a pvt ltd company, the address proof for the company, i have rental aggrement on both the directors name, and the electricity bill has no name of the owner( in electricty bill address is perfect but showing as president)

    • For registration of Private Limited company, e-form 18 shall be filed along with proof of registered office of the company. if rental agreement is in the name of two directors, you should submit No Objection certificate from both the directors along with rental agreement.

  37. There are two companies A and B. B is the wholly owned subsidiary of A. The registered office of B has to be shifted within local limits. The premises where registered office is to be shifted, belongs to A ltd and as B is wholly owned subsidiary no lease agreement has been prepared. Kindly let me know, in such case, what documents are required for filing Form 18 for B Ltd.

    • Even though B company is Wholly owned subsidiary company of A Company, while shifting the registered office of B in the premises of A Ltd, B Ltd shall be required to submit registered address proof of place like electricity bill/ Index II/ Tax receipt, where B Ltd is going to shift its office. Also if the owner is director or any other person of that premises, his /her No Objection certificate to use the said premises for office purpose to B Ltd shall be required.

  38. We formed a private ltd co for construction of a commercial building to give on lease to cucustomers.Currently the land I owned by the directors Iself. My query is that is it needed to reregister the land in the name of co?

    • If you are director of the company, there is need to register the land in the name of company. But it would be always advisable to register the land in the name of company in order to save any legal complications in near future.

  39. address proof which is required could be a water bill or electricity bill in the absence of ‘registry’ of house?

    • I assume that the question relates to the company formation (form 18). yes, water or electricity bill could be address proof of proposed company.

  40. Ms Meenal
    Would like to mention that your blogs contains most authentic information on company matters, I am religiously following your blogs,
    Keep up the good work :)

  41. What need to be done if in case the registered office is on lease in the name of both the proposed company’s directors.

    • Hi,

      I assume that in your case the lease agreement is in the name of directors(Not taken on lease by company), then you need to attach No Objection Certificate from both the directors and the Proof of Registered Office address along with Form 18 (Notice of situation or change of situation of registered office).
      If it is in taken on lease by company, then lease agreement along with the Proof of Registered Office address needs to be attached to Form 18.
      Thanks,

      • I HAVE RENT AGREEMENT IN THE NAME OF PROPOSED COMPANY AND I HAVE FILED FORM 18 WITH RENT AGREEMENT AS A PROOF OF REGISTERED ADDRESS BUT NOW FORM REQUIRED RE SUBMISSION ASKING Required document issued by Govt. Authority for registered office proof. Please help

        • You can submit Lease agreement and No Objection certificate from Owner and electricity or telephone bill or Index II of property

  42. useful information

    • Dear Mam,

      I want to use the place of my consultant as a Registered office of my company. My Consultant also taken the place on rent.

      My Query –
      Will NOC form Consultant and Proof of adress of Actual Owner is suffice or if it is not then which option is legally correct

      1) NOC from Actual Landlord with his Address Proof
      2) NOC form Consultant + Address Proof of Landlord + Lease deed of landlord with my consultant
      3) Any Other option which is feasible

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