Navigating Shop & Establishment Registration: Can We Use Our Office Address Instead of Our Registered Residence?

Consulting Company Registration and Office Setup Queries

We have registered a consulting company in Bangalore with our residence address, as earlier, we didn't have office space. Now, we are incorporated as a private limited company by ROC Bangalore. We plan to set up an office at a new address, which is different from our registered residence address with RoC. Below are two queries regarding Shop & Establishment Act registration:

1. Our Pvt Ltd company registration has our residence address, but we want to avail the shop and establishment registration with our real work address/office address. Will it be okay? Will the documents suffice?

2. Also, we plan to work from our office address only. So, we will apply for shop and establishment registration for our office address. Do we still need to apply for shop and establishment for our residence address as well because it's the address mentioned in the certificate of incorporation provided by RoC? Or can we live with only one shop and establishment registration for our office address only?

Note: We don't plan to change our residence address with RoC at the moment. The reason being we want to keep one permanent residence address for our company with RoC. Based on our company's growth, the actual work address may change later. That's the only reason to have the residence address with RoC and the actual work address as different. So, please advise if we need to have shop and establishment registration for both or just our real work address. Also, at the residence, we won't work at all; it's just used for the registration address.

Please advise anyone. I appreciate your help as we finalize the shop and establishment registration. Our CA advised us to change the address with RoC. Any suggestions from the Citehr community?

You can register under the Shops Act with your new address (Branch) while keeping the address in the ROC (registered office) unchanged.

Dear Varma,

Address Requirements for Shops and Commercial Establishment Act

The Shops and Commercial Establishment Act does not require that your ROC address be the one shown on the registration certificate. The certificate should display the address from where you are actually working, and this address needs to be recorded with the labor department. Since you mentioned that you are not working at the ROC address, there is no need to obtain a Shops and Establishment license for that address. You only need to acquire a license for your office address. However, when applying for a license for your office address, you must present the rent deed to the labor officer. The ROC certificate alone is not enough; you must also provide the rent deed.

Purpose of the ROC Certificate

The ROC certificate is obtained solely to demonstrate that the specific company has been established and registered. Changing the address in the ROC is unnecessary for obtaining the registration certificate under the Shops and Commercial Establishment Act.

Please review and make the necessary corrections to the text based on the above guidelines.

Regards

Your "CA" is incorrect, and your approach is correct. Keep your home address as the registered address. It makes sense to have an address that does not need to be changed. Since no one is working there, you do not need to take a shop and establishment license there. Your actual office can be at a different place, and the shop and establishment license must be taken for that location. The ROC address and shop and establishment address have nothing to do with each other.

It is required under the Shop & Establishment Act that you may need to register your office if you have more than five employees. For registration purposes, you can contact BDA. They will assist you, and normal fees will be collected. Why take the risk? It is better to get registered on the safer side.

Best regards

e-Karmika Registration for Karnataka Shops and Commercial Establishments

e-Karmika is a facility for the registration of establishments under the Karnataka Shops and Commercial Establishments Act, 1961, which is one of the State Labour Laws and Rules enforced by the Department of Labour, Karnataka. The Department, as part of its functions, enforces various laws in the State that require citizens to interact with the department as part of adherence to various State and Central enactments.

Instructions for Shop and Establishment Owners

List of Scanned Documents to be Uploaded:

- Proprietor/Managing Partner/Directors' photo
- Address proof for the establishment/shop (rental/lease agreement, etc.)
- Identity proof of the owner/authorized signatory (PAN card/Driving license/Voter Card, etc.)
- Statutory documents (Partnership deed/BBMP trade license/Incorporation Certificate/Memorandum of Article for Commercial Establishments 1st page and Last page scanned/Proprietorship firm certificate copy)
- Authorization letter for authorized signatory/self-attestation letter for owner
- Challan/Payment Receipt/Transaction Receipt
- Duly filled Registration Form signed by owner/authorized signatory
- Download Declaration of Signature/Authorized Signatory Format
- Registration fee

Fee Structure:

- No Employees: ₹250/-
- 1 to 9 Employees: ₹500/-
- 10 to 19 Employees: ₹3000/-
- 20 to 49 Employees: ₹8000/-
- 50 to 99 Employees: ₹15000/-
- 100 to 250 Employees: ₹30000/-
- 251 to 500 Employees: ₹35000/-
- 501 to 1000 Employees: ₹45000/-
- Above 1000 Employees: ₹50000/-

Download Challan.

Please visit the labor website for more information.

The Shops Act is applicable to premises where a trade or business activity is carried on. Since you are going to work and carry on business at the new address, the registration under the Shops Act shall be done for the new address but not for the residential address. Other members have clarified the issue sufficiently.

Regards,
B. Saikumar
Mumbai

No new registration is necessary for whatever you want to do. There is a Form A; file it with attachments as Vilas Shinde mentioned, and remit the challan depending on the workforce. The Labour Department will issue an amended certificate (for 5 years). If needed, there are consultants who will get it done for you and charge either 1000 or 2000 Rs. Similarly, the RoC as well.

Regards,
Kumar S.

You have received all the advice you need on this issue. Good luck with your registration. Just in case you encounter any difficulty with the process at Karmikra Bhawan, let me know, and I'll talk to the relevant officer. Please note that you need to inform the area circle inspector of any changes in the details provided. This includes the number of employees, changes in office address, etc. Additionally, ensure compliance with the mandatory maintenance of registers, etc. The concerned area circle inspector will conduct periodic visits to ensure that all rules are being followed.

Regards,
HANSI