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An independent consultant working from home in India wishes to incorporate as a one-person-company to cater to clients who won't contract with individuals. Will his residential address get/have to get re-classified as commercial (under The Karnataka Shops and Commercial Establishments Act 1961 pdf) if it is used as registered address for the one-person-company?

More information in response to comments:

State: Karnataka

100% remote consulting

No separate office.

Nature of business: Consulting on digital transformation.

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  • This might be better asked at SE:Law.
    – Stian
    Apr 9, 2021 at 6:45
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    In which Indian state is the premises? Will clients visit or is all the consulting carried out remotely? Is there a separate office etc set aside exclusively for the business or will it be a shared domestic area?
    – user35069
    Apr 9, 2021 at 7:48
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    Also, what is the nature of the business? The Karnataka Shops and Commercial Establishments Act 1961 was amended (in 2001) to include some exemptions for Information Technology services.
    – user35069
    Apr 9, 2021 at 11:48

1 Answer 1

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No, it would be the other way round: If you are at a residential address, you may not be able to run a business that interferes with other residential addresses. It would depend on exactly what you are doing - if your work involves clients visiting and your neighbours complain, you may have to stop doing this.

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  • Can you tell us from which passage of Indian law you got that information?
    – Philipp
    Apr 9, 2021 at 8:06
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    @Philipp I agree that would be nice, and could prove surprising, but this would be the default understanding of how zoning is defined.
    – Stian
    Apr 9, 2021 at 8:40
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    Different Indian states often have there own nuanced legislation so a complete answer will/may depend where the premises is located.
    – user35069
    Apr 9, 2021 at 8:50
  • Exactly. "Stupid" examples that do have no client visits at all are i.e. an IT contractor - he may bed a business by law, but he may not even work out of his address.
    – TomTom
    Apr 9, 2021 at 10:14

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