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Company Annual Filings
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Overview
Company compliance is an important aspect that has to be taken into account while running a business. It is mandatory to adhere to all the ROC compliance to avoid penalties. All private limited companies, one-person companies, limited companies, and section 8 companies must maintain annual compliance with respect to the Companies Act of 2013. These company compliances are usually independent of the total turnover or the capital amount involved. The ROC compliance for registered private limited companies is mandatory. Not being able to adhere to the annual compliances for private limited companies may result in serious action on the firm.
Annual Compliance for Pvt Ltd Company
- Business Commencement Certificate
It is mandatory to have a business commencement certificate within 180 days of company incorporation. This applies to companies registered after November 2019 and having a share capital.
Penalty: If you fail to procure the same, the company will be subjected to a penalty of ₹50000 and the director should pay ₹1000 for each default day. - Appointing an Auditor
Within 30 days of incorporation, an auditor must be appointed as per the ROC compliance.
Penalty: Breaching this compliance results in a fine of ₹300 per month. Subsequently, the company will not be allowed to conduct business until they appoint an auditor. - Filing ITR returns
Every year the income tax returns have to be filed on or before the due date. - Submitting MCA Form AOC-4
Pvt Ltd companies must submit form AOC 4 to the MCA on or before 13 November.
Penalty: Failure to file this form will result in a penalty of ₹200 per day of default. - Filing MCA Form MGT-7
Pvt Ltd companies must submit form AOC 4 to the MCA on or before 13 November.
Penalty: Failure to file this form will result in a penalty of ₹200 per day of default. - Filing for DINeKYC.
Every private limited company should have a director. To perform all the tasks without difficulty, DIN is required. The director of the company should file DIN eKYC within the speculated period. - Hold Annual General Meetings (AGM)
Pvt Ltd company is required to hold an AGM within six months of the end of the fiscal year. - Directors Report
Private company compliance involves providing director reports on time with the ROC and MCA (Section 134). - Other Annual Compliances
*GST returns, monthly, quarterly, and annual
*Periodic TDS Return Filing
*Calculation of the tax liability in advance
*Income tax return filing
*Report of tax audit filed
*Submitting semi-annual easy returns
*Submitting PF returns
*Professional tax return filing
*Regulation evaluation and reporting by various laws (Eg. Environment and Protection Act, Competition Act, Factory Act, etc.)
Process of Filing Annual Compliance Services
Following is the list of company compliance requirements as mandated by the MCA:
~Facilitating board of directors’ meetings:
The first meeting has to be conducted within 30 days of incorporating a business after which four meetings shall be held every quarter in a calendar year. There should not be more than 120 days between two consecutive meetings.
~Preparation of the minutes of proceedings of meeting:
Every company needs to file its minutes of the meetings and they shall be preserved permanently to add value in case of any dispute. The meeting minutes are to be maintained at the registered office.
~Issuance of share certificates:
The company is required to issue a share certificate to the subscribers of the memorandum within 60 days of incorporation.
~Filing of disclosures of directors’ interests and declarations of disqualification:
In the first board meeting, all the directors are required to make disclosures about their interests in other business entities.
~Filing declarations of commencement of business with the RoC:
Form INC 20A mandatorily needs to be filed within 180 days of incorporation of the company.
~Facilitation of annual general meetings:
A company shall conduct at least one AGM each year. The first AGM shall be held within nine months from the closing of the first financial year of the company. In other cases, it shall be within six months from the closing of the financial year.
Annual compliance returns of the company need to be filed with the RoC within 60 days of the conclusion of the AGM.
~Quarterly compliance:
Every company has to hold a minimum of four meetings of its board of directors, that is, at least one board meeting every quarter of the calendar year.
~Statutory registrations:
All registrations like GST registration, Provident fund registration, ESI registration, IEC registration, etc. must be completed.
Why BizReg?
When it comes to annual compliance, it is better to leave it to our compliance managers. Yes, our team of in-house chartered accountants and lawyers can effectively help in all the compliances. Our team will provide a complete road map to the whole process and that too at affordable prices.