Company Compliance
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Expert Guidance on Compliance for Private Limited Companies
Navigating compliance can be a complex challenge for private limited companies in India. Adhering to the comprehensive requirements of the Companies Act 2013, including director appointments, shareholder meetings, and other regulatory obligations, is crucial but can often seem overwhelming.
That's where IndiaFilings steps in. We provide expert guidance and comprehensive solutions tailored to your company's needs, simplifying the compliance process from registration to ongoing obligations. Our team of specialists is equipped with in-depth knowledge of Indian business laws and regulations, ensuring your company meets company compliance requirements. Whether you are a startup or an established enterprise, IndiaFilings is your partner in simplifying compliance.
Let's make Company compliance hassle-free together! Get Started now!
Compliance for Private Limited Company
Compliance refers to adhering to orders, rules, or requests. For a private limited company incorporated in India, Compliance with the Companies Act 2013, which includes obligations to the Registrar of Companies (RoC), is essential for private limited companies in India. This legislation governs various aspects, including the appointment, qualification, remuneration, and retirement of directors and the conduct of board and shareholder meetings. Compliance with Registrar of Companies (RoC) regulations is mandatory for every private limited company, regardless of turnover or capital amount.
ROC Compliance for Private Limited Company
As mentioned above, These are obligations that a company must fulfil in accordance with the regulations set by the Registrar of Companies (ROC) or equivalent authority. They typically involve statutory filings and adherence to the Companies Act provisions.
Ensuring adherence to ROC compliance is pivotal for companies operating in India. ROC Compliance for Private limited company can be broadly classified into:
Annual Compliances for Private Limited Company
Annual compliances are a critical aspect of corporate governance for companies registered in India. Key annual compliances include:
INC-20A: Declaration for Commencement of Business
For companies registered in India post-November 2019 with a share capital, securing a Commencement of Business Certificate is a prerequisite before initiating any business activities or exercising borrowing powers. This certificate must be acquired within 180 days of incorporation by filing Form INC-20A.
Failure to obtain this certificate results in penalties, with the company facing a fine of Rs. 50,000 and directors being charged Rs. 1,000 per day for each non-compliance, underscoring the importance of promptly adhering to this regulatory requirement.
Appointment of Auditor and Filing E-form ADT-1
The first auditor must be appointed within 30 days of incorporation and ratified by the shareholders during the first Annual General Meeting (AGM). Following the AGM, Form ADT-1 confirming the auditor's appointment must be filed with the Registrar of Companies (ROC) within 15 days.
Board Meetings
The first board meeting should be held within 30 days of incorporation. Subsequently, companies must hold at least four board meetings every year, ensuring that the interval between two meetings is at most 120 days.
Further, the discussion in the meeting needs to be drafted and recorded in the minutes and maintained at the company's registered office.
A notice should be given seven days in advance about the meeting's date and purpose.
Annual General Meeting (AGM)
The first AGM should be conducted within nine months from the closure of the first financial year. For subsequent years, the AGM must be held every year within six months from the end of the financial year, ensuring that the gap between two AGMs is at most 15 months.
AGMs are held for approval of financial statements, declaration of dividends, appointment or re-appointment of auditors, commission, remuneration of directors, etc.
The meeting is held during business hours on a day that is not a public holiday. It shall occur at the company's registration or the city, village, or town in which the registered office is situated.
Annual ROC Filings
Private Limited Companies must file annual accounts and returns to the companies' registrar, disclosing the details of their shareholders, directors, etc.
As a part of the annual compliance for private limited company, the following forms are to be filed with the ROC:
AOC-4: Filing of Financial Statements
This form is for filing the company's financial statements and must be submitted within 30 days following the Annual General Meeting (AGM).
MGT-7 - Annual Returns
Form MGT-7 (Annual returns) must be filed within 60 days of the annual general meeting
DIR-12: Appointment/Resignation of Directors
This form pertains to changes in the company's directorship, including appointments and resignations, and must be filed within 30 days of such changes.
DIR-3 KYC: Director KYC Submission
Directors are required to submit their KYC details through Form DIR-3 by September 30th each year, provided their Director Identification Number (DIN) was allotted by March 31st of that year and the status is 'Approved'. Failure to file DIN eKYC results in a penalty of Rs. 5000.
DPT-3: Return of Deposits
Companies must use this form to report details of deposits and other non-deposit receipts annually by June 30th.
Directors’ Report
An abridged version covering all required information for small companies under Section 134 must be prepared. It should be authorized by the Chairperson or at least two directors.
Maintenance of Statutory Registers and Books of Accounts
Companies must maintain and regularly update various statutory registers and records, including minutes of board meetings and AGMs, books of accounts, financial statements, and files with the ROC.
Circulation of Financial Statements and Other Relevant Documents
Companies must send approved financial statements, along with the Directors' and Auditors' reports, to all members at least 21 clear days before the AGM.
For ready reference, below is a table summarizing the annual compliances for private limited company and their respective due dates:
Annual compliances for Private Limited Company | Due Date |
---|---|
Commencement of Business Certificate (COB) | Within 180 days of incorporation |
Appointment of Auditor and Filing E-form ADT-1 | Within 15 days of the AGM |
Holding Board Meetings | As per the schedule of board meetings |
Conducting the Annual General Meeting (AGM) | Within 9 months from financial year-end |
INC-20A: Declaration for Commencement of Business | Within 180 days of incorporation |
AOC-4: Filing of Financial Statements | Within 30 days of the AGM |
MGT-7A: Annual Returns for Small Companies/OPCs | Within 60 days of the AGM |
DIR-12: Appointment/Resignation of Directors | Within 30 days of appointment/resignation |
DIR-3 KYC: Director KYC Submission | By September 30th each year |
MGT-14: Filing of Board Resolutions | Within 30 days of passing the resolution |
DPT-3: Return of Deposits | By June 30th each year |
Directors’ Report | At least 21 days before the AGM |
Maintenance of Statutory Registers and Books of Accounts | Throughout the financial year |
Circulation of Financial Statements and Other Relevant Documents | At least 21 days before the AGM |
Event-Based Compliances for Private Limited Company
Besides the annual filings, there are various other compliances that need to be compiled with on occurrence of any event in the company.
Here are specific instances of such events:
It is necessary to file different forms with the registrar for all such events within a specific period. In case of missing out on this, additional fees or penalties might be levied. Hence, it is necessary to meet such compliances on time.
Non-Registrar compliance
These regulatory obligations do not directly involve the ROC but are essential for lawful business operations. They may be governed by various other regulatory bodies and laws, depending on the nature of the business, its size, and the industry it operates in. These include:
Non-compliance Penalty
Non-compliance with the rules and regulations of the Companies Act in India can result in penalties for the company and its defaulting members. Penalties typically involve fines imposed for the duration of the non-compliance. Additionally, delays in annual filings may incur additional fees. Therefore, companies should fulfil their compliance obligations promptly to avoid penalties and financial repercussions.
Streamline Company Compliance with IndiaFilings
With IndiaFilings, entrepreneurs can seamlessly complete their company compliance requirements. Here's how we can help:
LEDGERS Compliance Platform
We offer access to the LEDGERS compliance platform, which is designed to streamline compliance tasks. Entrepreneurs can use this platform to manage their compliance obligations efficiently, track deadlines, generate reports, etc.
Dedicated Advisor
Your company will be assigned a dedicated Compliance Manager who will be a single point of contact to help you maintain the compliance for your company. You can get in touch with your Compliance Manager at anytime and get assistance on matters related to your Company’s compliance.
Accounting
All companies are required to maintain accounts and prepare financial statements at the end of each financial year. Our Compliance Manager will help your company maintain accounts and will prepare the financial statement for your business at the end of financial year.
Secretarial Services
Companies are required to conduct a minimum of four board meetings, an annual general meeting, Directors Report and Annual Report each financial year. Our Compliance Manager will help you prepare minutes of board meetings and create all secretarial reports.
MCA Annual Return Filing
Annual General Meeting should be held by a company within 6 months from the end of that financial year. And MCA annual return must be filed on or before September 30th. Our Compliance Manager will prepare all the documents and file your company’s MCA annual return.
Income Tax Return Filing
Income tax return of a company must be filed irrespective of income, profit or loss. Hence, even dormant companies with no transactions are required to file income tax return each year. Our Compliance Manager will prepare all the documents and file your company’s income tax return.
Ready to streamline compliance effortlessly? Let IndiaFilings be your trusted partner. Get started today and experience hassle-free compliance management.
Company Compliance FAQ's
Zero Late Fee Platform
Many small businesses pay lakhs in penalty every year to the Government for late filing various statutory returns. Such penalty or late fee paid is not tax deductible and is a drain on profitability. At IndiaFilings, our mission is to provide the most affordable services to our customers and help them avoid all late fee.To achieve our mission - we have built enterprise grade technology to help you proactively know the upcoming compliance and avoid penalty.Checkout our compliance services below, talk to an Advisor and stop paying unwanted late fees.
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