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Every Company registered with the Registrar of Companies (ROC) under the Companies Act 1956 / Companies Act 2013, needs to comply with the provisions of the Companies Act, 2013 along with other applicable acts for the time being in force. The Registrar of Companies (ROC) is a designated authority under the Ministry of Corporate Affairs. With the introduction of the Companies Act, 2013 in the year 2014, the compliance burden of every Company has increased substantially irrespective of the nature of the company, be it a Private Limited Company, Public Limited Company, Listed Company, Small Company, Section-8 Company or a One Person Company (OPC).
In order to increase transparency in reporting, the MCA and SEBI frequently come out with new amendments by way of circulars and notifications. Companies must adhere to all the applicable compliances within the specified due dates. Any non-compliance on the part of companies often results in heavy penalties. It is a good practice to keep track of the relevant compliances as per the applicable provisions of the Companies Act, 2013/SEBI as the case may be. Under the Companies Act, 2013, there are various compliances to be done on a time-to-time basis. For a better understanding of the same, we have categorised the various Compliances on the following basis:
(a) Event-based compliances: Compliance to be done on the occurrence or happening of a certain event, like Filing of E- form INC-22 on shifting of Registered Office of the Company.
(b) Time-based compliance: Compliances to be done on an annual, half-yearly, and quarterly basis, like Filing of E- form AOC-4 and MGT-7.
(c) Specific Criteria-based Compliance: Some compliances are based on paid-up share capital, turnover or any other specific requirement like the requirement to file E-Form AOC-4 (XBRL), Appointment of Company Secretary, etc.
In addition to the above-mentioned compliances, a listed company is also required to make various Quarterly, half-yearly, and event-based compliances and disclosures under the following regulations:
(a) SEBI (Listing Obligations and Disclosure Requirements) Regulations 2015.
(b) Compliances under SEBI (Depositories and Participants) Regulations, 2018
(c) Compliances under SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011
(d) Compliances under SEBI (Prohibition of Insider Trading) Regulations, 2015
We have elaborated below some of the common compliances which a private limited company has to mandatorily comply
Form name | Details | Due Date |
INC-20A | Declaration of commencement of business | Within 180 Days from the incorporation date |
AOC–4 (Sec – 137) | Filing of financial statements and other documents with the ROC | 30 days from the conclusion of the AGM i.e latest by 30th October every year |
MGT – 6 Sec – 89(6) | Return to the Registrar in respect of declaration under section 89 received by the company | Within 30 days from the date of receipt of the declaration by the company |
MGT – 7/7A (Sec – 92) | Filing of annual return by the company | Within 60 days from the conclusion of the AGM. |
MGT – 8 (Sec – 92) (Attachment to MGT – 7) | Compliance certificate by PCS u/s 92(2) | Applicable to companies having the PUSC Rs. 10cr or more and Turnover of Rs. 50cr or more. |
MGT – 14 (Sec-117 Read with Sec-179) | Filing of resolutions with the ROC regarding Board Reports and Annual accounts. The details of the resolutions passed should be filed. | Within 30 days of passing of Board Resolution i.e latest by 30th October every year |
MGT – 15 (Sec-117 Read with Sec-179) | To be filed by all the Listed Companies for filing the Report of Annual General Meeting. | Within 30 days from the conclusion of the AGM. |
ADT – 1 (Sec – 139) | Appointment of the Auditor | Within 15 days from the conclusion of the AGM i.e. latest by 15th October (on completion of 5th year) |
DIR 3 KYC (Rule – 12a) | All Directors having the DIN number must complete their KYC every year. | Within 6 months from end of the financial year i.e. latest by 30th September |
DIR 12 (Sec – 149) | Appointment of Director and Key Managerial Personnel and the changes among them. | Within 30 days of appointment or change in appointment. |
PAS 6 (Rule 9a) | Reconciliation of Share Capital Audit Report (Half-yearly) To be filed all unlisted companies, deemed public companies | Within 60 days from the conclusion of each half-year |
DPT-3 (Sec-73 Rule 16) | A return of deposits that companies must file to furnish information about deposits and/or outstanding receipt of loan or money other than deposits. | On or before 30th June every financial year |
MR-1 (Sec-196) | Return of appointment and re-appointment of Managing Director or Whole Time Director or Manager. | Within 60 days of appointment. |
Form 8 | The audited/unaudited financials of the LLP are to be submitted to the government | 30th October every year |
LLP Form- 11 | Form for filing Annual Return by LLP | within 60 days of the closure of the financial year which is 30th May of each year |
INC-22 (Sec – 12) | Intimation of Change in the Registered Office | Within 30 days of the change of the address |
Sec – 139 | Appointment of First Statutory Auditor | Appoint within 30 days from the incorporation date |
MSME-1 (Order dated 22-01-2019 issued under Section 405) | Form for furnishing half-yearly return with the registrar in respect of outstanding payments to Micro or Small Enterprise | (1) For the period 1st April to 30th September – 31st October
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CSR-2 (Rule – 12) | All the companies falling u/s 135(1) of the Companies Act, 2013 must furnish a web-based form with the MCA. | MCA notifies March 31, 2024 as the due date for filing Form CSR-2 for FY 2022-23 |
All the secretarial compliances are mandatory even if the company has no turnover or is not operational. If you are planning to close the company it is mandatory that all the secretarial compliances are complied with.
At Probity, we’re here to help businesses with MCA and ROC Compliances. We know that dealing with regulations can be tricky, so our team, who knows the ins and outs of company laws, is ready to guide you through it. We’ll tailor solutions to fit your needs, making sure you meet all the requirements and avoid any potential problems. With our proactive approach and track record of success, you can trust us to keep your business in line with regulations. We use the latest technology and smart strategies to make compliance easier for you, so you can focus on growing your business. Our top priority is making sure our clients are happy and successful, which is why we’re the best choice for MCA and ROC Compliances services.
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