Company Annual & ROC Compliance

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What is Annual Compliance?

Every registered company in India, whether it's a private limited, public limited, or one-person company (OPC), must meet certain annual compliance requirements. These rules ensure that companies follow the guidelines set by government bodies like the Ministry of Corporate Affairs (MCA) and the Income Tax Department.

Importance of Annual Compliance

Maintaining annual compliance is crucial for companies to:

  • Avoid Penalties: Non-compliance can lead to hefty fines, penalties, or even disqualification of directors.
  • Stay Legal: Compliance ensures the company operates legally without any issues.
  • Maintain Transparency: Filing annual returns and financial statements makes sure the company is transparent, boosting credibility with stakeholders.
  • Build Investor Confidence: Regular compliance improves investor trust and makes fundraising easier.

Key Annual Compliance Requirements

Below are the major annual compliance requirements for companies registered under the Companies Act, 2013:

Compliance Applicability Timeline
Filing of Declaration for Commencement of Business (Form INC-20A) All companies incorporated after 2nd November 2018 Within 180 days of incorporation
Holding of Board Meetings All companies At least 4 times a year with not more than 120 days between two consecutive meetings
Director KYC (Form DIR-3 KYC) Every person with a Director Identification Number (DIN) Before September 30 each year
Filing of Changes in Directors (Form DIR-12) All companies Within 30 days of change
Appointment/Reappointment of Auditor (Form ADT-1) All companies Within 15 days of the AGM
Statutory Audit of Accounts All companies Annually before the AGM
Annual General Meeting (AGM) All companies, except OPCs Within 6 months of the end of the financial year (before September 30)
Directors' Report All companies Submitted with financial statements before the AGM
Filing of Financial Statements (Form AOC-4) All companies Within 30 days of the AGM
Filing of Annual Return (Form MGT-7/7A) All companies Within 60 days of the AGM
Filing of Deposits Return (Form DPT-3) All companies (other than government companies) Annually by June 30
Income Tax Return (ITR) Filing All companies File by September 30 (if audit is required)
Filing of Board Resolutions (Form MGT-14) Public limited companies Within 30 days of passing a board resolution
Maintenance of Statutory Registers & Books of Accounts All companies Throughout the financial year

Penalties for Non-Compliance

Failure to meet annual compliance requirements can lead to serious penalties:

  • Late filing penalties: Companies may face fines starting from ₹100 per day for each late filing.
  • Director Disqualification: Directors may be disqualified for 5 years if the company fails to file annual returns for three consecutive years.
  • Company Closure: Repeated non-compliance could lead to the company being struck off from the Register of Companies.

Event-Based Compliances for Private Limited Company

Apart from the regular annual filings, there are several other event-based compliances that a private limited company must follow whenever certain changes or events occur in the company. These events require specific filings with the Registrar of Companies (ROC) within a set time period.

Common examples of such events:

  • Change in the authorized or paid-up capital of the company.
  • Allotment or transfer of new shares.
  • Granting loans to other companies.
  • Providing loans to directors.
  • Appointment of a managing or whole-time director, including details of their remuneration.
  • Opening or closing a bank account, or any change in the bank signatories.
  • Appointment or change of statutory auditors.

For all these events, it is important to file the appropriate forms with the ROC within the required timeframe. Timely compliance is crucial to avoid additional costs or legal issues.

Frequently Asked Questions (FAQs)

Q1: Is an AGM mandatory for all companies?
Yes, except for One-Person Companies (OPCs), all companies must hold an AGM annually.
Q2: What happens if a company misses the filing deadline?
Late filing incurs a penalty of ₹100 per day for each missed filing.
Q3: Can a company file its income tax return after the due date?
Yes, but late filing may result in penalties and interest on the tax due.
Q4: What is the penalty for not conducting a statutory audit?
Failing to conduct a statutory audit can lead to fines and could result in unaudited financial records.

Conclusion

Staying up to date with annual compliance is vital for any company to avoid penalties and keep business operations running smoothly. Filing the right forms, holding necessary meetings, and maintaining financial records are key to staying compliant. Companies that meet these requirements are seen as more trustworthy by investors and stakeholders.

If you need help with annual compliance or other filings, contact Prahar Filing & Advisory for expert assistance to ensure your company follows all the rules and regulations.

Contact

DumDum, Kolkata,

PIN:- 700028

92295 82295

praharfiling@gmail.com

Request a Callback

As a fellow small business owner, we know the fulfillment that an a comes from running your own business contact to Financy.

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