NO-OBJECTION CERTIFICATE
Consent of the owner of commercial premises to the registration of the premises as the occupant's registered office and/or place of business
Date: __________
Place: __________
To whomsoever it may concern, and in particular to the jurisdictional officer under the Central Goods and Services Tax Act, 2017 and the corresponding State or Union Territory goods and services tax legislation, and to the Registrar of Companies concerned.
- THE OWNER
1.1 This no-objection certificate is issued by __________, __________, whose address for correspondence is __________ (the "Owner").
- THE PREMISES
2.1 The premises to which this certificate relates are: __________ (the "Premises"). The Premises are non-residential premises held and used for business purposes.
2.2 The Owner holds title to the Premises under __________.
- THE OCCUPANT AND ITS OCCUPATION
3.1 This certificate is issued in favour of __________, __________ (the "Occupant").
3.2 The Occupant occupies, or is permitted by the Owner to occupy, the Premises under __________ (the "Occupancy Arrangement").
- THE OWNER'S NO OBJECTION
4.1 The Owner has no objection to, and hereby consents to, the Occupant using the address of the Premises as __________.
4.2 The Owner has no objection to that address being stated in the Occupant's application, recorded in the records of the authority concerned, and displayed in the public records maintained by that authority.
4.3 The Owner permits the Occupant to affix and maintain at or outside the Premises the name board, signage or painted display that any law requires the Occupant to display — including, where the Companies Act, 2013 applies to the Occupant, the display required by section 12(3) of that Act — and requires the Occupant to remove it and make good any damage when it ceases to occupy the Premises.
4.4 The Owner has no objection to any officer of the tax authority, the Registrar of Companies or any other authority visiting or inspecting the Premises for the purpose of verifying the Occupant's application or registration.
4.5 The Owner will, at the Occupant's cost, sign and deliver any further no-objection, confirmation, affidavit or verification that the authority concerned reasonably requires for the same purpose and for the same period, within seven days of the Occupant's written request.
4.6 While this consent subsists, the Owner will not give a no-objection in respect of the Premises to any other person for use of the Premises as that person's registered office or principal place of business, except in respect of a distinct and separately identifiable part of the Premises.
- PERIOD OF THIS CONSENT
5.1 This consent takes effect on __________ and, subject to paragraph 5.2 and unless it ends earlier under paragraph 5.4, continues until __________, both days inclusive.
5.2 __________
5.3 The Owner will not revoke or withdraw this consent during that period for so long as the Occupancy Arrangement subsists and the Occupant is not in material breach of it, and will not refuse or delay any confirmation the authority concerned seeks from the Owner during that period.
5.4 Subject to paragraph 5.2, this consent ends automatically on the earliest of: the expiry of the Occupancy Arrangement without renewal, extension or continuation; its lawful termination; and the Occupant ceasing to occupy the Premises.
- WHAT THIS CERTIFICATE DOES NOT DO
6.1 This certificate is a consent to a registration and nothing more. It is not a lease, a licence, an agreement to lease or licence, a tenancy or an agreement for sale. It does not transfer or create any right, title or interest in the Premises in favour of the Occupant, and it does not create, extend, renew or vary any tenancy or licence.
6.2 The Occupant's right to occupy the Premises arises only from the Occupancy Arrangement. Save for paragraphs 6.3, 7 and 8, which are separate obligations agreed between the Owner and the Occupant and take effect according to their terms, this certificate neither adds to nor alters the terms of the Occupancy Arrangement, and in the event of any inconsistency between this certificate and the Occupancy Arrangement as to the Occupant's right to occupy the Premises, the Occupancy Arrangement prevails.
6.3 The recording of the Premises in the records of any authority as the Occupant's registered office or place of business gives the Occupant no right to remain in occupation of the Premises after the Occupancy Arrangement ends.
6.4 This certificate is not an acknowledgment that any rent, licence fee, deposit, tax or other sum payable by the Occupant has been paid.
- THE OCCUPANT'S OBLIGATIONS
7.1 The Occupant will use the Premises only for lawful business purposes permitted by the Occupancy Arrangement and by the law and the municipal permissions applicable to the Premises, and will obtain and maintain every registration, licence and permission that its business requires.
7.2 Within thirty days after this consent ends, the Occupant will make the filings required to remove the address of the Premises from the records of the authority concerned — including, as applicable, an amendment application in FORM GST REG-14 under the Central Goods and Services Tax Rules, 2017 and, in respect of a change of registered office, the filing required by section 12(4) of the Companies Act, 2013 — will take all steps within its power, including passing any resolution required by section 12(5) of that Act, to effect that change within that period, and will give the Owner a copy of each filing and of the acknowledgment for it.
7.3 The Occupant will indemnify the Owner against any demand, penalty, notice, claim, cost or proceeding made against or addressed to the Owner that arises out of the Occupant's registration at the Premises or the conduct of the Occupant's business at the Premises, except to the extent that it arises out of the Owner's own act, default or breach.
7.4 Nothing in this certificate makes the Owner liable for any tax, duty, cess, penalty or other statutory dues of the Occupant, nor constitutes the Owner a partner, agent, principal, employer or associate of the Occupant.
7.5 The Owner and the Occupant agree that any payment the Owner accepts from the Occupant in respect of any period after the Occupancy Arrangement ends is accepted towards use and occupation only, and that by accepting it the Owner does not assent to the Occupant continuing in possession within the meaning of section 116 of the Transfer of Property Act, 1882.
- CORRESPONDENCE AFTER THE OCCUPANT VACATES
8.1 For twelve months after the Occupant ceases to occupy the Premises, the Owner will, within seven days of receiving it, forward to the Occupant at the address the Occupant notifies in writing any notice, summons, assessment order or other communication addressed to the Occupant and received at the Premises. The Occupant will reimburse the Owner's reasonable out-of-pocket cost of doing so.
- THE OWNER'S CONFIRMATIONS
9.1 The Owner confirms that the statements made in this certificate are true, and that the Owner is entitled to give this consent.
9.2 To the best of the Owner's knowledge, no term of the title document, of any lease under which the Owner holds, of any mortgage or charge on the Premises, or of the bye-laws or rules of any co-operative society, apartment owners' association, condominium or industrial estate to which the Premises belong, prevents the Premises being used for the Occupant's business or being registered as stated in paragraph 4.1. Where the consent of any such person or body is required, the Owner will obtain it at the Owner's own cost.
- ENCLOSURES
The following documents are enclosed with this certificate and form part of it:
- a copy of the instrument or records under which the Owner holds title, as described in paragraph 2.2 — where the Owner takes by inheritance or succession, that means copies of the municipal and revenue records in which the Owner's name is recorded and of the succession certificate, legal heir certificate, probate or will under which the Owner takes;
- a copy of __________;
- a copy of the Owner's proof of identity and a passport-size photograph of the Owner.
- GENERAL
11.1 This certificate is governed by the laws of India, and the courts at __________ will have jurisdiction over any dispute arising out of it.
11.2 Any notice under this certificate must be in writing and delivered by hand against acknowledgment, by registered post or by courier — to the Owner at __________, and to the Occupant at the Premises or, after it vacates, at the address it has notified in writing.
11.3 A scanned or photocopied version of this certificate may be filed with the authority concerned. The signed original will remain with the Owner and will be produced for inspection on reasonable request.
SIGNED BY THE OWNER
_______________________________
__________
Address: __________
Date: __________
WITNESSES
- _______________________________
Name:
Address:
- _______________________________
Name:
Address: