Enquiry form
It is mandatory for every company incorporated in India whether public or private to file the various e-Forms along with the necessary documents with the Registrar of Companies.
Annual filing of the company includes all the documentation related to the filing of financial statements and Annual return which consists of information that includes the Financial Statements of the company, Certifications(if any) Registered Office Address, Shares and Debenture details, Register of Members, Debt details and information about the Management of the Company. The annual return would also disclose the shareholdings structure of the Company, changes in Directorship and details of the transfer of securities.
Some of the mandatory compliances that a private Limited company must ensure:
First Meeting of Board, along with Directors, is expected to be held within 30 days of Incorporation of Company. Declaration of BM must be sent to each director at least seven days before the meeting.
Minimum of 4 Board Meetings to be checked every year with not more than 120 days gap within two meetings.
Every director at:
1. The first meeting in which he engages as director; or
2. The first meeting of Board in each FY; or
3. Whenever there is a variety in disclosures shall reveal in Form MBP 1 (along with a list of relatives and attention of relatives in the Company as per RPT definition), his interest or interest in any company, body corporate, organizers/firms or other organization of individuals (including shareholding interest). Form MBP‐1 shall be kept in the documents of the Company.
the BOD shall designate the first Auditor of the Company within 30 days of Incorporation who shall continue the office till the completion of 1st AGM. In the matter of First Auditor, filing of ADT-1 is not necessary.
The BOD shall delegate the Auditor Auditor in first AGM of Company who shall hold the position till the conclusion of 6th AGM and shall notify the same to ROC by filing ADT-1. The capacity to submit Form ADT 1 is that of the Company and not of the Auditor Auditor within 15 days from the time of appointment.
Every Company is needed to hold an Annual General Meeting on or before 30th September every year during working hours (9 am to 6 pm). On a day that is not a general public holiday and either at the certified office of the Company within the city, town/ village where the certified office is positioned. A 21 bright days' notice is required to be given for the same.
Each and every Private Limited Company is expected to file its Annual Return within 60 days of operating of Annual General Meeting. Annual Return will be for the time' 1st April to 31st March'.
Each and every private Limited Company is expected to file its 'Balance Sheet' along with a statement of 'Profit and Loss Account' and 'Director Report' in this Form in 30 days of holding of 'Annual General Meeting'.
Each and every Company should prepare its Accounts and get the exact audited by a Professionals/Chartered Accountant at the end of the Financial Year mandatorily. The Auditor should provide an Audit Report and the Audited Financial Statements to file it with the Registrar.
Even based compliances are those who get triggered upon following of certain events like change in directors, change of registered office, change in approved share capital etc. Hence, it is essential that the happening of such events get tracked, and docility met with on time to avoid penalties or additional fees. Some of the Event-based agreements are mentioned below, along with the time limit:
| Actions | Form No. | Phase Limit |
|---|---|---|
| Change in registered office | INC-22 | Within fifteen days from the date of such change |
Change in Directors or KMP | DIR-12 | Within 30 Days of such change |
Increase in Authorized Share capital | SH-7 | Within 30 days of passing Ordinary Resolution |
Filing of resolution and agreements | MGT-14 | Within 30 days from date of passing resolution |
| Increase in Paid up share capital (Issue of security) | PAS-3 | Within fifteen days from the date of the allotment |
| Change in secured borrowing (Creation, modification and saatisfaction of charge) | CHG-1 | All types of Charges within 30 days of its creation |
Application for KYC of Directors | DIR-3 KYC | On or before 30th April of immediate next Financial Year (Annual Compliance) |
| ACTIVE (Active Company Tagging Identities and Verification) | INC-22A | On or before 25th April 2019 (Applicable to all companies registered before 31st December 2017) |
| Declaration of Commencement of Business | INC-20A | Within a period of 180 days of the date of incorporation of the company. (Applicable to companies incorporated after 2nd November, 2018.) |
| Change in registered office | INC-22 | Within fifteen days from the date of such change |
Change in Directors or KMP | DIR-12 | Within 30 Days of such change |
Increase in Authorized Share capital | SH-7 | Within 30 days of passing Ordinary Resolution |
Filing of resolution and agreements | MGT-14 | Within 30 days from date of passing resolution |
| Increase in Paid up share capital (Issue of security) | PAS-3 | Within fifteen days from the date of the allotment |
| Change in secured borrowing (Creation, modification and satisfaction of charge) | CHG-1 | All types of Charges within 30 days of its creation |
Application for KYC of Directors | DIR-3 KYC | On or before 30th April of immediate next Financial Year (Annual Compliance) |
| ACTIVE (Active Company Tagging Identities and Verification) | INC-22A | On or before 25th April 2019 (Applicable to all companies registered before 31st December 2017) |
| Declaration of Commencement of Business | INC-20A | Within a period of 180 days of the date of incorporation of the company. (Applicable to companies incorporated after 2nd November, 2018.) |
| Conversion of company | INC-27 | Within 15 Days of receipt of the order from the central Government |
| Removal of Auditor before Expiry | ADT-2 | Within 30 days from date of passing SR |
| Report for Disqualification of the Director | DIR-9 | To be filed by company within 30 days of such disqualification |
Every company shall file with the ROC a copy of the annual return, within 60 days from the date on which the annual general meeting is held.
All companies (private limited company, one person company, limited company, section 8 company, etc) are required to file an annual return with the MCA every year. In addition to filing MCA annual return, companies would also be required to file income tax return.
Documents Required for ROC Annual Filing Profit & Loss Account: Form AOC-4 to be filed while ROC filing by all companies. Annual Return: MGT 7 to be filed by companies. Cost Audit Report: Form CRA 4 to be filed by the companies.
Yes. RoC compliance for 'Private Limited Companies' is mandatory for every certified company. Irrespective of the entire turnover or the capital amount, the company should comply with the annual compliance mandates. The 'annual compliance' is due after the AGM of the company every it's an initial fiscal year.
Companies missing to follow the statutory compliance for Private Limited has been charged ₹100 for 'each day' of a delay till the exact date of filing. For constant non-compliance/failure, penalty apart from the additional Government fee can be levied on both – company and directors, including the imprisonment.
Every Private Company whose paid-up capital is less than five crores need to get their annual return signed by Company Secretary in Practice.
Audited financial statements are mandatory for each and every company after its incorporation. The company must file the audited financial/administrative records only. Also, non-audit of the financial statement is not an excuse to delay the annual filing.
A company can opt to designate a statutory auditor either for five consecutive years or till the ending of next AGM. Nevertheless, a designation of the statutory Auditor cannot be taken as a part of 'annual compliance'.
Form ADT-1 is required to be applied for appointment or removal of Statutory Auditor.
It is mandatory as per the Latest Companies Act to submit the signed Director Report for each and every fiscal year with MCA by filing an annual return of the company. The Director Report is taken as an attachment for the form 'MGT-7'.
Such intimation can be made through filing MGT-7 by the company.
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