Depending on the country where a private limited business is registered, the annual compliance requirements may change. They are essential for building relationships, safeguarding the company's reputation, and fostering its expansion and sustainability. Maintaining all the annual compliances for private limited enterprises is quite difficult. Fincrat is available to assist with annual filings for businesses and to provide details on regulatory compliance.
Each financial year, every registered entity is required to meet all of the compliance requirements. It mostly consists of filing annual papers with the MCA, filing income tax returns, and auditing books of accounts. When operating a firm, company compliance is a crucial factor that must be taken into consideration. To avoid penalties, it is necessary to follow all ROC compliance requirements. The Companies Act of 2013 must be upheld on an annual basis by all private limited companies, one-person businesses, limited corporations, and section 8 companies. The total turnover or the amount of capital involved typically has little bearing on these corporate compliances. For registered private limited companies, ROC compliance is required.
Certificate of Commencement for Business
Within 180 days of the company's incorporation date, the form INC 20A must be submitted in order to get the certificate of beginning of business. Businesses having a share capital that have been registered after November 2019 are subject to this.
Board Meeting
The first annual board meeting shall be held within thirty (30) days after the date of formation of the Company. A private limited company must hold two board meetings annually at the very least. The meeting must be attended by at least two directors or one-third of the total number of directors, whichever is higher. The minutes from meetings must be written down and kept by the corporation.
Annual General Meeting
Except for OPCs (One Person Companies), all businesses are required to hold yearly general meetings. The first AGM must be held within nine months of the fiscal year's end, whereas future AGMs must be held within six months of the fiscal year's end. The time between two AGMs cannot be longer than 15 months. Members are informed of the AGM by being given notice prior to the meeting by 21 days. The meeting can, however, also be organized with less notice.
Tax and Annual Return Filing
Every financial year, an income tax return must be filed and the finances of a private limited company must be properly audited. Within 30 days of the AGM, the form AOC-4 with information about the financial auditing process and the director's report must be turned in. Within 60 days of the date of the annual general meeting, the corporation must file its annual return using form MGT-7.
Legislative Registers
A private limited business is required to update and properly maintain the statutory registers. The minutes of the board meeting, the meetings of debenture holders, the annual general meeting, the register of charges, the specifics of the share certificates, the list of members and their information, etc., must all be recorded.
Director Identification Number (DIN)
The Directors are legally required to possess the DIN. However, if they already possess a DPIN, a DIN is not necessary.After that, they must submit form DIR-3 KYC to the RoC (Registrar of Companies) along with the KYC information for the relevant financial year. Additionally, the DIN will be deleted with a fine of 5000 if the paperwork is filed late.
Changes to the Company's Director
Within 30 days of making the changes, the Register of Companies (ROC) must be notified of the change in management by sending an electronic form DIR 12.
Changes to the Authorized share capital
Within 30 days after the change, electronic form SH-7 to report the change in share capital must be sent to the ROC.
Returning of Allotment
The company must inform the ROC by sending the MGT-14 form within 30 days of the adoption of the special resolution and thus confirm the consent given by the shareholders. The electronic form PAS-3 must be sent within 15 days of the transfer of shares.
Modification of Charge
Electronic form CHG-1 must be sent within 30 days from the day the company creates or changes payments. The electronic form can be submitted within a maximum of 120 days by paying the required additional fee. fee.
Satisfaction of charges to be Registered
Company must submit e-Form CHG-4 within 30 days from the date of receipt of payments and inform ROC about it.
Statutory Auditor
Statutory audit is mandatory in a joint stock company. Electronic Form ADT-1 must be submitted to ROC within 15 days from the date of authorization by the statutory auditor. The electronic form ADT-3 must be sent within 30 days of the auditor's resignation.
Changing the Registered Office
When changing the registered office of a limited company within the jurisdiction of the ROC, an electronic form INC 22 must be submitted. If the changing authority is outside the jurisdiction of the ROC, an electronic form MGT-14 must be submitted. 30 days after the issuance of a special resolution to that effect. The approval of the Regional Director (RD) must be obtained by filling in electronic form 23. The order of approval thus obtained must be sent within 60 days using electronic form INC 28. Form INC 22 must also be filled in these conditions.
Return of Deposits
The company must submit Form DPT-3 containing details of refunds and contributions to the ROC by June 30 every year.
Resolutions and Agreements
All resolutions and agreements made and signed by the private limited company must be submitted to the ROC through Form MGT-14.
Maintenance of Statutory Registers and Books of Accounts
Form AOC-5 must be sent within 7 days of the execution of the board's decision to notify the ROC of the additional space, except for the location of the private limited company, where the accounting and legal records are located.
Substantial Beneficial Ownership
A Private Limited Company should report significant beneficial ownership to ROC using BEN 2 form.
Along with the firm compliances listed above, the following should also occasionally be finished.
Accounting
All businesses are required to keep records and create financial statements at the end of each fiscal year. At the end of the fiscal year, our compliance manager will help your business with financial statement creation and account maintenance.
Secretarial services
Businesses are required to hold a minimum of four board meetings, an annual general meeting, director reports, and annual reports each fiscal year. Our compliance manager will assist you in preparing all secretarial reports and board meeting minutes.
MCA Annual Return filing
A company's annual general meeting must be convened within six months of the fiscal year's conclusion. Additionally, an MCA annual return must be turned in by no later than September 30. Our compliance manager will create and file the MCA annual return for your company.
Filing Income Tax Returns
A business is required to file an income tax return regardless of revenue, profit, or loss. Therefore, even dormant enterprises that conduct no transactions are required to submit an income tax return each year. Our compliance manager will produce all the paperwork and your company's income tax return.
Increasing the Company's Credibility
The most important necessity for any organization is legal compliance. The Master Data on MCA portal displays the date when the company filed its annual return. The regularity of compliance is a key criterion to assess an organization's trustworthiness when applying for government contracts, loans, or for comparable other objectives.
Attract investors
Investors who are pulling money from a company require comprehensive financial information before approving the idea. Investors have two options: they can go straight to the company or use the MCA site to access the financial details. Investors also favor businesses with a history of consistent compliance.
Maintain Active Status and avoid penalties
The status of the company changes to default when the return is consistently not filed, and it is then subject to harsh penalties. The business could possibly be withdrawn from the ROC or declared insolvent. Additionally disqualified and prohibited from future appointments are the concerned directors. Since July 2018, there has been an extra cost of 100 for every day of delay up until the filing date.