Statutory Compliances for a Private Limited – Even though incorporation of Private Limited is an easy and popular form of business, but still some Compliances are required to be done, after the incorporation, for the smooth running of the business
Following are the list of forms to be file with the Authorities, for managing the day to day activities of the Companies and simultaneously complying with the Corporate Laws (Companies Act, 2013, Income Tax, 1956 and FEMA Act, 1999).
Contents
List of the Mandatory/ Statutory Compliances of a Private Company.
List of the Mandatory/ Statutory Compliances of a Private Company
| S. No. | Particulars | Forms to be Filed | Due Date | Provisions of Due date |
|---|---|---|---|---|
| A. COMPANIES ACT, 2013 | ||||
| 1 | First Board Meeting | - | - | Within 30 days from the date of Incorporation of the Company |
| 2 | Subsequent Board Meeting | - | - | Minimum Four (4) Board Meeting to be hold in a Year. Further, not more than 120 days of Gap between two (2) Board Meeting |
| 3 | Change in Directors or KMP | DIR-12 | - | within 30 days from the date of passing Resolution, for such change |
| 4 | Change of Article of Association | MGT-14 | - | Within 30 days from date of passing Special resolution |
| 5 | First Annual General Meeting (within 9 months from the closure of the first Financial year of the Company) | AOC-4 AND MGT-7 | 31st December | AOC-4 : within 30 days from the date of the AGM; MGT-7 : within 60 days from the date of AGM |
| 6 | Subsequent Annual General Meeting (within 6 months from the closure of the Financial Year of the Company) | AOC-4 AND MGT-7 | 30th September (Maximum gap of 15 months between 2 AGM's) | AOC-4 : within 30 days from the date of the AGM; MGT-7 : within 60 days from the date of AGM |
| 7 | Appointment of First Auditor | - | - | Within 30 days from the date of Incorporation of the Company |
| 8 | Intimation by Directors(Intimation) | DIR-8 | - | Within 30 days from the date of Incorporation of the Company |
| 9 | Disclosure of Interest by the directors | MBP-1 | - | Within 30 days from the date of Incorporation of the Company |
| 10 | Change in clause of Memorandum of Association | Depends upon the change of Clause | - | Depends upon the change of Clause |
| 11 | Increase in Authorised share capital of the Company | SH-7 | - | Within 30 days of passing OR |
| 12 | Change in secured borrowing (Creation, modification and satisfaction of charge) | CHG-1 | - | All types of Charges within 30 days of its creation |
| 13 | Change of name of company | INC-24 | - | Within 60 days from the date of applying reservation of name in INC-1 |
| 14 | Application for KYC of Directors | DIR-3 KYC | 30th September | On or before 30th September of immediate next Financial Year |
| 15 | Filing of Special/Ordinary resolution and agreements | MGT-14 | - | Within 30 days from date of passing resolution |
| 16 | Change in registered office | INC-22 | - | Within 15 days from the date of such change |
| 17 | Increase in Paid up share capital (Issue of security)-Return of Allotment | PAS-3 | - | Within 15/30 days from the date of the allotment |
| 18 | Subsequent Appointment of Auditor | ADT-1 | - | within 15 days from the date of AGM |
| 19 | Return of Deposit | DPT-3 | 30th June | Up to 31st March, of every financial year, if any of the Company having any outstanding loan/amount, has to furnish details and bifurcation of such outstanding amount by 30th June |
| B. FEMA ACT, 1999 | ||||
| 20 | FLA Return to be file with ROC | FLA | 15th July | Up to 15th July of every year annual return of the FDI is to be file with RBI |
| 21 | Return of allotment of shares with RBI, in case shares of an Indian Company is alloted to Non Resident. (Receiving of FDI) | FC-GPR | - | within 30 days from the allotment of shares |
| 22 | Extra-Commercial Borrowing (ECB) | ECB-2 | - | Within a period of 7 days from the close of the month to which it relates. |
| C. INCOME TAX ACT, 1999 | ||||
| 23 | Filing of Income Tax Return | - | 30TH September | Up to 30th September of every Year |
| 24 | Filing of GST Return | - | - | Monthly/ Quarterly/Annually |
List of the statutory Registers to be maintained by the Company:
| S.no | Statutory registers and books of accounts |
| 1. | Register of Member (MGT-1) |
| 2. | Register of Loan/ Charge |
| 3. | Register of Transfer /Transmission |
| 4. | Minutes Book ( Board Meeting/ General Meetings) |
| 5. | Register of Directors/ KMP’s |
| 6. | Attendance Registers |
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