No Objection Certificate (NOC) is a legal document issued by an organisation, institute, or an individual to say that they have no objection to the mentioned details in the document. It can be used for employment, trade, litigation, immigration, and many other purposes to nullify any party’s objection.
In India, a NOC may be issued by an employer, employee, landlord, tenant, or individual as a legal document. It can be used while:
This legal document can be used for or against in a court of law. No Objection Certificate usually consists of basic details of the parties involved, and it is addressed to whosoever is concerned.
Let us take an example where a company rents a building to operate its business. In this case, the company must get a NOC from the building owner stating that the owner has no objection for the company to operate its business in the building. After obtaining the NOC from the building owner, the company can use the rented building as its official address and run its business from the building. This NOC has to be submitted to the Registrar of Companies while registering the company.
Let us take another example where NOC is widely used, i.e. when a person wants to transfer a registered vehicle in a different state, say in Maharashtra, to be used in a different state, say in Karnataka. In this case, the vehicle seller must get a NOC from the Maharashtra Regional Transportation Officer (RTO) and issue the same to the vehicle buyer in Karnataka. This type of NOC states that the said vehicle has no prior traffic offences against it in Maharashtra. It also states if there is hypothecation against the vehicle in Maharashtra or not. The buyer of the vehicle must show this document when re-registering the vehicle in Karnataka.
Below are a few instances where a NOC is required:
The application of NOC differs depending on the required purpose and the person issuing it. For instance, NOC bank purposes will be issued by the bank in their respective format, NOC for GST Registration will be issued by the premises owner, NOC for a vehicle will be issued by the respective RTOs, NOC for jobs will be issued by the employer in their official company/business letter, NOC for studies will be issued by the educational institution in their official letter.
A business establishment, such as a sole proprietorship, partnership firm, Limited Liability Partnership (LLP) or company, requires NOC when they start the business on a rented land or building. The business establishment must get the NOC from the owner of the rented/leased premises or building stating that the owner has no objection to start and operate the business on his/her land or building.
Below is the process to get NOC for business establishment:
The validity of the NOC varies for the purpose for which it is issued. It may be valid for six months, one year, five years or till the purpose is fulfilled for which it is issued.
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