CONSENT LETTER FOR USE OF ADDRESS
(No Objection Certificate of the Owner of the Premises)
Date: __________
Place: __________
To
__________
Sir / Madam,
1. WHO I AM
2. THE PREMISES
3. THE APPLICANT
4. THE CONSENT I AM GIVING
This letter may be produced before any authority, bank, registrar or officer before whom the Applicant makes an application for the purpose stated above.
5. WHAT THIS LETTER DOES NOT DO
This is the important part, and it is why the letter is worded as it is.
(a) No transfer. This letter does not sell, transfer, convey, mortgage, gift or otherwise dispose of the Premises or any part of them, and it creates no right, title or interest of any kind in the Premises in favour of the Applicant. No person may rely on it as evidence of any transfer of the Premises.
(b) No tenancy. Except where a separate arrangement is recited at the end of this clause 5, this letter does not create a lease, tenancy or sub-tenancy, and confers no right of exclusive possession; any presence at the Premises permitted by clause 4 is a bare and gratuitous permission — a licence, in the sense of section 52 of the Indian Easements Act, 1882, in the States where that Act applies — revocable under clause 7, and the Applicant acquires no protection under any rent control or tenancy legislation by reason of this letter. Whatever clause 4 permits by way of persons working at the Premises or goods or stock kept there, the Applicant shall not have exclusive possession of the Premises or of any part of them, shall not exclude me from them, and shall not part with, share or sub-licence any part of them. Where a separate arrangement is recited at the end of this clause 5, the Applicant's occupation of the Premises is governed by that arrangement alone; nothing in this clause 5, including the restrictions in the preceding sentence, and nothing in clause 7, shortens, varies or determines that arrangement, and this letter and its withdrawal operate only on the use of the address.
(c) No power of attorney. This letter is not a power of attorney. It does not authorise the Applicant, or anyone else, to sign any document in my name, appear before any authority on my behalf, present any instrument for registration on my behalf, operate any bank account of mine (the Applicant's own bank account referred to in clause 4 is unaffected), deal with the Premises, or do any other act in my name or on my behalf. If any such authority is ever needed, a separate power of attorney, properly stamped and, where required, registered, must be executed.
(d) No substitute for the office's own paperwork. A bank, a registrar of companies, a tax authority or a sub-registrar applies its own formalities and may insist on its own form, mandate or attestation. This letter supports the Applicant's application; it does not replace anything the office concerned requires.
(e) No consideration. No rent, licence fee, deposit or other consideration is payable to me for the giving of this consent.
6. PERIOD
7. WITHDRAWAL, AND WHAT HAPPENS THEN
Withdrawal under this clause withdraws only the consent to use of the address. It does not determine, shorten or vary any separate arrangement recited in clause 5, which continues to govern occupation of the Premises according to its own terms.
When the notice expires, the Applicant must, at its own cost, apply to every authority with which the address of the Premises stands recorded to change that address, and must stop using the address for every purpose. If the Applicant does not do so, I may write to each such authority informing it that this consent stands withdrawn, and may publish notice of the withdrawal in a newspaper circulating in the locality.
8. WHAT I CONFIRM
9. WHAT THE APPLICANT AGREES
By acting on this consent, the Applicant agrees that —
(a) it will use the address only for the purpose stated in clause 4, and only to the extent stated there;
(b) it will not carry on at the Premises anything unlawful, anything amounting to a nuisance, or anything prohibited by the bye-laws of any society or association or by the terms on which the Premises are held;
(c) it will pay all taxes, fees, penalties and dues arising out of its own registration and its own business, for which I have no liability;
(d) it will not allow any other person or entity to use the address, and will not pass this consent on to anyone else;
(e) it will promptly hand over to me any notice, summons or communication addressed to me that is received at the Premises; and
(f) it will keep me indemnified against every claim, demand, penalty, tax, cost and proceeding brought against me or against the Premises because of the Applicant's use of the address or the conduct of its business.
10. ENCLOSURES
11. NOTICES
12. GOVERNING LAW
Yours faithfully,
ACKNOWLEDGEMENT BY THE APPLICANT
WITNESSES