Detailed explanation of all documents, Terms and conditions for Company registrations in kerala state using the Commercial Business Address of a Virtual office in Kochi, Kerala

By Jacob Johnson, Last Updated: Sept 9th,2019 20 Mins read Time

Welcome to this detailed review page. You will find all the details that you need to know. But if you like to skip to a particular section feel fee to do so using the below links:

INDEX

• ​Can you register a business/Company with a virtual office?
• ​How to choose between LLP, OPC, Pvt LTD while applying for company registration in India?
• ​How to Register your Company in India?
• 
  
• Documents given for Company registation by a virtual office space provider (3 imp docs):
• What is a service agreement(Detailed coverage with Sample)?
• What is NOC(Detailed Coverage with Sample)?
• What is a Property tax receipt?
• 
  
• How do you get Started(4 step Process)?
• Conclusion

• i. How many owners/partners will your business have?If you are a single person who owns the entire initial investment required for the business, a  Proprietorship or One Person Company(OPC) would be ideal for you. On the other hand, if your business has two or more owners and is actively seeking investment from other parties a Limited Liability Partnership (LLP) or Private Limited Company would suit you best.
• ii. Should your initial investment determine your choice of business structure?The answer to that question is – Yes if you want to spend less initially, it would be wise to go in for a Sole Proprietor, or a HUF or a Partnership. But, if you are sure that you will be able to recover the setup and compliance costs, you can opt for a One Person Company, LLP or a Private Limited Company
• iii. Willingness to bear the entire liability of the business:Business structures like sole proprietor, HUF, and partnership firm have unlimited liability. This means, in case of any default in loans, the entire money will be recovered from the members or partners in profit sharing ratio. The risk to personal assets is high in these cases.Whereas, Companies and LLPs have a limited liability clause. This means that the liability of its members is restricted to the amount of contribution made by them or the value of shares each member holds.
• iv. Income Tax Rates Applicable to businesses:The income tax rates applicable to a sole proprietorship and a HUF are the normal slab rates. In case of a sole proprietorship, the business income is clubbed with the individual’s other income.But in the case of other entities like partnership and company a tax rate of 30% is applicable.
• v. Plans of getting money from investors: As mentioned earlier, it is difficult to get investments when your business structure is unregistered. Entities like LLP and Private Limited Company are trusted when it comes to investment. Make sure you choose the right structure, seek the help of an expert so that you register under proper guidance.

1) NOC
(No Objection Certificate from Owner as per Electricity Bill) on Company Letterhead (Stamped and Signed) (Standard Format Attached)

2) Virtual Office Service Agreement
(Standard Format Attached) (Stamped and Signed on every page)
This agreement mandatorily needs to be on a stamp paper (Any Stamp Paper of INR 20/50/100 would suffice)

3) Electricity Bill OR  
Electricity Bill of the recent month (not older than last 45 days)

Or

Property Tax Receipt (of current year)
(Otherwise, Water / BSNL Landline Bill

Dear Sir,

Sub:      No Objection Certificate / Letter of Consent for the use of address as Principal Place of Business for Company Registrations and licenses

I,­­­ Name of Virtual office space partner Owner goes here hereby declare that I am owner of following address:

Address: The address of Virtual office provided for Company Registration Goes Here

I hereby confirm that we have “No Objection” and giving full consent for using the above address as the Principal Place of Business Address for Company Registration of Your Company Name Goes here and the company is her by permitted to use the referred address as its Principal Place Of Business as required under Companies Act for Company Registrations and licenses with statutory authorities, in the course of its business.

The next section talks about what you are not entitled to:

This, however does not confer any title in favor of this company, as being the owner of the property /premises. We will provide display of Company name (signage) on the Board.

The next section talks about the responsibilities of the Owner

We shall bear no responsibility on their part for any acts/ deeds/arrangements done by the Client with any other party whatsoever. Any defaults towards all statutory and /or other compliance's under Indian law and/or the local regulations are the sole responsibility of the Client.

Next section outlines the exception form you the client:

The client clearly agrees to indemnify us for any/all claims made by the statutory or any other authorities arising as a result of such acts/deeds/arrangement of the client. The client further agrees that the use of address shall be discontinued by the client immediately pursuant to the expiry or termination of the agreement.

A copy of Tax Receipt in Name of the Virtual Office Provider is submitted as the proof of address.

Thanking you,

Yours faithfully

Signature:           The Virtual Space Provider Signs Here            

Name of Virtual Space Provider goes here

Place:   Kerala

Date:  28-06-2019

Agreement Period: 12 Months from the date of agreement

The Nature of the Agreement

 The whole of the Premise remains the property of the Service Provider and remains in the Service Provider’s possession and control. This Agreement is personal to Client and cannot be transferred to anyone else. Service Provider may transfer the benefit of this Agreement and its obligations under it at any time.

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE.

The Services are offered to Client conditioned on acceptance without modification, of the terms and conditions, contained in this Agreement. Client’s use of the Service constitutes its agreement to the terms and conditions stated in this Agreement. Each person that uses the Service, or enters into a contract, in writing or online, on behalf of its employer or other third party, represents that such person is authorized to accept these terms on its employer's or on third party's behalf. Unless explicitly stated otherwise, the Terms of Service will govern the use of any new features that augment or enhance the current Services, including the release of new resources and services. In the case of any violation of these terms, Service Provider reserves the right to cancel Services to Client immediately and seek all remedies available by law and in equity for such violations.

Usage of Address

The Client may use the address for business correspondence.

The client can use it as a “Principal Place of Business Address” for any licenses / Company Registrations in the state.

The client is permitted to use the address of the designated center as their registered office address.

Rent / Subscription Fees

Rent / Subscription fees is payable in advance. Any dues in the rent / subscription fees will cause the termination of the Services on the expiration date set forth at the time of signup or payment. For late payments, Client has to pay an additional 2% penalty every day, the payment amount due on Rent / Subscription fees.

Service Retainer / Deposit Amount

The client will be required to pay a service retainer / deposit fees of INR 1000+18% GST, upon entering this agreement, if it wished to use the “Courier Forwarding” facility. This amount will be kept separately from Subscription fees. Client has to replenish the deposit when it reaches the minimum level. When client terminates the service, balance of deposit amount will be refunded to the client.

Refund Policy

Any subscription renewal payment is not eligible for refund.

Mail Handling

Client can receive registered and certified mails at the “Address”.

Service Provider can receive up to 3 letters or packages per month free of charge for Client. For additional letters or packages, Service Provider will charge a handling fees of Rs.10 per letter / package.

Service Provider will not accept packages more than 5 Kg of weight or 1 cubic feet size. Client can pick up the mails from the location free of cost. Service Provider is not liable for any mails not collected within 30 days from receipt date.

Client can ask Service Provider to send the package / letter to its physical address. For that, Client will have to pay for shipping and handling fees. Service Provider will determine the shipping fees and send an invoice to the Client. If the Deposit Amount is paid by the Client, Service Provider will deduct the Shipping fees from it. If there is no Deposit Amount, Service Provider will ship the item only after payment of the shipping fees.

Termination of Service

Client may decide to terminate the service any time. Service will be automatically terminated on the expiry date unless the subscription is renewed. Upon Termination of the account, the Client must cease the use of Address and any Phone Numbers issued IMMEDIATLEY from all places including but not limited to business cards, websites, stationary, advertising material, licenses, certificates etc.

If the client used the Address for Registration with ROC, GST Authority, Banks etc, it has to change the address within 30 days after termination of service. Service Provider deserves the right to take action against those who are found in breach of this requirement.

Service Provider reserves the right to terminate the service and this agreement without notice for any Client whose activity might adversely affect Service Provider reputation or Service Provider’s normal operation.

Service provider will terminate the service anytime incase Client violates any clause in this agreement, or Client’s activities are reported to be fraudulent.

Nature of Business

Client has to explain its nature of business in writing on this agreement. The Client agrees with Service Provider not to carry on any business, which could be construed illegal, defamatory, immoral or obscene and agrees not to use the address of Service Provider whether directly or indirectly for any such purpose or purposes.

If the Client changes nature of business, it must notify the Service Provider in writing.

Liability

Service Provider will not be liable for any loss sustained as a result of Service Provider failure to provide a Service as a result of any Software Glitches, Mechanical breakdown, Strike, Loss of electric power, or termination of Service Provider interest in the building containing the office. Service Provider does not accept liability for actions, services of/by third parties in anyway whatsoever, including delays & Non receipt of messages or communication due to delays or failures in the email, SMS or fax systems, Phone, courier or postal service.

Further, Service Provider shall not be responsible or liable to Client for any loss or damage resulting to Client by reason including but not limited to flood, fire, hurricane, riots, explosion, acts of God, war, terror, governmental action, or any other cause which is beyond reasonable control of Service Provider.

Confidentiality

Client recognizes that it may, in the course of obtaining or using the Services, come into possession of or learn confidential and proprietary business information of ("Confidential Information") about Service Provider. Client agrees that during the Term of this Agreement and thereafter: (a) Client shall provide, at a minimum, the care to avoid disclosure of unauthorized use of Confidential Information as is provided with respect to Client's own similar information, but in no event less than a reasonable standard of care; (b) Client will use Confidential Information solely for the purposes of this Agreement; and (c) Client will not disclose Confidential Information to any third party without the express prior written consent of Service Provider.

Similarly Service Provider recognizes that it may, in the course of obtaining or using the Services, come into possession of or learn confidential and proprietary business information of ("Confidential Information") about Client. Service Provider agrees that during the Term of this Agreement and thereafter Service Provider shall provide, at a minimum, the care to avoid disclosure of unauthorized use of Confidential Information of Client.

If Service Provider transfers its business or any business segment that provides services to Client, Service Provider is authorized to transfer all user information to Service Provider's successor with prior written intimation to the client.

Ownership

All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Service are wholly owned by the Service Provider and/or its licensors and service providers except where expressly stated otherwise. This is not a lease document. Client agrees that the client is not the owner of any phone number assigned to them by Service Provider. Upon termination of account for any reason, such number may be re-assigned to another client.

Client’s Address will be:

​(Client’s Company Name)

VIRTUAL OFFICE PROVDER ADDRESS, Kochi, Kerala 682025

​

ANNEXURE – 1

Client to describe about its nature of Business that it is planning to conduct at the

Office in connection with this Agreement (in approx. 200 words)

Step 1) You need to process the annual payment for the virtual office solution through bank transfer
Step 2) Once the payment is processed, the service provider will generate a unique ID for booking
Step 3) You will get an email, asking for your documents, for us to start the documentation.

Below are the documents expected from Your side:

a. PAN Card, 

b. Aadhar Card

c. and your GST certificate of parent state.
Step 4) After you share the documents within 3 days you'll receive the final virtual office documents via email  as below:

“1) NOC (No Objection Certificate from the property Owner for Registration)
2) Rental Agreement
3) Utility Bill/ Tax Receipt (for proof of ownership)”

Documentation: The entire Documentation is completed within 2-3 working days.