How to make lease deed before incorporation a company ?
Urvashi
(Querist) 27 August 2018
This query is : Resolved
Hello all,
I am incorporating a new company through SPICe - 32 so I am leasing a property for 3 years to use as office from a 3rd party.
So now wanted to create lease deed in the name of company as proof of office address that can be submitted to MCA in SPICe - 32 form. Since it doesn't exist legally so I can't do it.
How to make lease deed before incorporation for the company? In whose name ? How ?
Dr J C Vashista
(Expert) 28 August 2018
A commercial query.
Your lawyer/ CA getting the company registered shall be better person to take care of your question.
Urvashi
(Querist) 28 August 2018
I know it's a commercial query but I don't have lawyer or CA.
So I am asking my query here !!!
Guest
(Expert) 28 August 2018
Company/ corporations can't be incorporated without making the most necessary preliminary expenses. Seed money is a must to be to be kept in hand for incorporation of any company. So, hire services of some expert in company matters to complete the necessary formalities of incorporation, as company corporations cannot be set up by getting reply to casual type of academic questions.
By the way, who has told you that in SPICe - 32 hiring of space and its lease deed is mandatory?
Urvashi
(Querist) 28 August 2018
Hello Sir,
No one told that is it mandatory, I saw required documents from Instruction Kit for eForm SPICe (INC-32).
Here they mentioned you can either submit the address proof at the time of incorporation through SPICe - 32 form, or afterwards submit eForm INC - 22 separately. But i choose to submit all the documents via SPICe - 32 itself.
So I asked hence the company isn't Incorporated by the time SPICe - 32 is submitted, then how the deed should be made and in whose name ?
Lease deed/rent agreement isn't mandatory for SPICe - 32 ?
Please guide me sir !!!
If you can mention what are the mandatory documents for SPICe - 32 it would be great help for me.
Urvashi
(Querist) 28 August 2018
Hello Sir,
No one told that is it mandatory, I saw required documents from Instruction Kit for eForm SPICe (INC-32).
Here they mentioned you can either submit the address proof at the time of incorporation through SPICe - 32 form, or afterwards submit eForm INC - 22 separately. But i choose to submit all the documents via SPICe - 32 itself.
So I asked hence the company isn't Incorporated by the time SPICe - 32 is submitted, then how the deed should be made and in whose name ?
Lease deed/rent agreement isn't mandatory for SPICe - 32 ?
Please guide me sir !!!
If you can mention what are the mandatory documents for SPICe - 32 it would be great help for me.
Urvashi
(Querist) 28 August 2018
Hello Sir,
No one told that is it mandatory, I saw required documents from Instruction Kit for eForm SPICe (INC-32).
Here they mentioned you can either submit the address proof at the time of incorporation through SPICe - 32 form, or afterwards submit eForm INC - 22 separately. But i choose to submit all the documents via SPICe - 32 itself.
So I asked hence the company isn't Incorporated by the time SPICe - 32 is submitted, then how the deed should be made and in whose name ?
Lease deed/rent agreement isn't mandatory for SPICe - 32 ?
Please guide me sir !!!
If you can mention what are the mandatory documents for SPICe - 32 it would be great help for me.
Guest
(Expert) 28 August 2018
You can submit your own address proof, not necessarily after leasing some building.
Urvashi
(Querist) 28 August 2018
So the answer for the question is it is not mandatory to submit lease/rent agreement of the company.
Guest
(Expert) 28 August 2018
Instructions in Form-32 are very clear. Re-read thoroughly and repeatedly until you understand the instructions properly.
Urvashi
(Querist) 28 August 2018
Wowwww !!!!!!!
But you won't resolve my query and help me.
Great
Thank you for your time.
Guest
(Expert) 28 August 2018
Ms. Urvashi,
Solution is always there, but for the real problems, not vague hypothetical questions. However, concentration on course material is the answer to student's academic problems. Do that, or hire services of a tutor. Solution to your present hypothetical academic exercise is also there, but I prefer not to start academic classes for students at the LCI. Students are required to use their own brain and commonsense also.
Urvashi
(Querist) 28 August 2018
Well well
First - I am not a student, FYI I want to start my own company And do the all process by myself :)
Second - This is my real life problem because I am new to company incorporation.
Three - I am not asking for classes I just had doubt about this process of making lease deed so I posted a question.
That's it --------------------
I am not doing any academic exercise. And stop judging people because you're not good at it xD
Guest
(Expert) 28 August 2018
If not an academic exercise, why making fuss to complicate the issue, when a hired accommodation is not mandatory. In fact you are making out a problem out of no problem. However, when not an academic exercise, instead of posting your query at LCI, you could better have approached the building owner to make him ready to execute a lease deed in the name of a non-existing corporation. It is for him to oblige you or not.
Urvashi
(Querist) 29 August 2018
I never knew that it's not mandatory to submit a lease deed as the proof of office address !!!
If I knew about it I would've never asked about it. I read all the required documents from SPICe help kit and the lease deed also was mentioned in the list, With NOC from the owner and Electricity Bill of the premises.
You could've answered it straight way by saying Lease deed is not mandatory to be submitted.
NOC and Electricity Bill is enough as proof of office address. Then we wouldn't go through all these lengthy replies.
