Private Limited Company Compliance

Benefits of Company Compliance

Key benefits include:

Save Late Fees

Heavy penalty of 200 rupees per day is applicable for non filling of compliance. Do compliance on time to avoid this

Legal Protection

Ensure that your company adheres to the regulations set by the Ministry of Corporate Affairs, avoiding penalties and legal issues.

Enhanced Credibility

Compliance with MCA requirements enhances your business's credibility and trustworthiness in the eyes of stakeholders and clients.

Risk Mitigation

Proactive management of compliance requirements reduces the risk of regulatory scrutiny and associated penalties.

Smooth Operations

Facilitating timely updates to your company’s structure and details helps maintain seamless business operations.

Efficient Documentation

Streamlined processes for preparing and submitting required documents save time and reduce the likelihood of errors.

Step-by-step guide to our compliance service

1. Initial Consultation:

Schedule a call with our compliance experts to discuss your specific needs and the changes you wish to make.We will give you estimation of time and cost.

2. Document Preparation

We will assist you in gathering and preparing the necessary documents required for the compliance process, ensuring accuracy and completeness.

3. Filing with MCA

Our team will file the required forms and documents with the Ministry of Corporate Affairs on your behalf, ensuring compliance with timelines.v

4. Confirmation

Once the filings are accepted, we will provide you with the necessary confirmations and updated documents reflecting the changes made.v

5. Ongoing Support

We offer continued support for any future compliance needs or changes, ensuring your company remains compliant at all times.

Annual Compliance for Private Limited Companies in India

Maintaining compliance is critical for private limited companies to avoid penalties and ensure smooth operations. Below is a detailed list of mandatory annual and event-based compliance requirements, structured for clarity.

For inquiries related to Private Limited Company Compliance, you can call us at 7030307028 or message us directly on WhatsApp by clicking here.

Declaration of Commencement of Business
Form Name: Declaration of Commencement of Business
Form Number: INC-20A
Purpose: Declaration to commence business activities.
Deadline: Within 180 days of incorporation.
Maximum Penalty:
Company: ₹50,000
Directors: ₹1,000 per day of delay
Appointment of Auditor
Form Name: Appointment of First Auditor
Form Number: ADT-1
Purpose: Appointment of the first auditor for financial reporting.
Deadline:
Auditor appointment: Within 30 days of incorporation.
Filing Form ADT-1: Within 15 days of the first AGM.
Penalty: ₹300 per month for delay, with restrictions on conducting business until compliance.
Annual Financial Statements
Form Name: Filing of Financial Statements
Form Number: AOC-4
Purpose: Submission of balance sheet, profit and loss account, and directors' report.
Deadline: Within 30 days of the AGM.
Penalty: ₹100 per day of delay.
Annual Return
Form Name: Filing of Annual Return
Form Number: MGT-7 (MGT-7A for Small Companies/OPCs)
Purpose: Submission of details about the company, its directors, and shareholders.
Deadline: Within 60 days of the AGM.
Penalty: ₹100 per day of delay.
Directors' KYC
Form Name: Director KYC Submission
Form Number: DIR-3 KYC
Purpose: Verification of director identity and contact details.
Deadline: By September 30 each year.
Penalty: Deactivation of DIN until the penalty of ₹5,000 is paid.
Director's Disclosure of Interest
Form Name: Disclosure of Interest in Other Firms
Form Number: MBP-1
Purpose: Declaration of directors’ interests in other entities.
Deadline: Within 30 days of the first board meeting each year.
Penalty: Non-compliance can lead to prosecution under the Companies Act.
Directors' Declaration of Non-Disqualification
Form Name: Declaration of Non-Disqualification
Form Number: DIR-8
Purpose: Declaration by directors confirming eligibility to act as a director.
Deadline: Each financial year.
Penalty: Subject to penalties as per the Companies Act.
Annual General Meeting (AGM)
Purpose: Discussion and approval of financials and other key business matters.
Deadline:
First AGM: Within 9 months of the financial year-end.
Subsequent AGMs: Within 6 months of the financial year-end, but not exceeding 15 months from the last AGM.
Maximum Penalty: ₹1,00,000 fine for the company and ₹5,000 per day for defaulting officers.
Event-Based Compliance
a. Change in Directors
Form Name: Appointment/Resignation of Directors
Form Number: DIR-12
Purpose: Notification of any change in directors.
Deadline: Within 30 days of appointment/resignation.
Maximum Penalty: ₹500 per day of delay.
b. Filing of Board Resolutions
Form Name: Filing of Resolutions with MCA
Form Number: MGT-14
Purpose: Submission of resolutions passed in board meetings.
Deadline: Within 30 days of passing the resolution.
Penalty: Subject to penalties under the Companies Act.
c. Return of Deposits
Form Name: Return of Deposits
Form Number: DPT-3
Purpose: Reporting of deposits and loans.
Deadline: By June 30 each year.
Penalty: Penalties as prescribed under the Companies Act.
Board Meetings
Purpose: Discussion of company affairs and decision-making.
Requirements:
First board meeting: Within 30 days of incorporation.
Minimum of 4 meetings annually, with a gap of no more than 120 days between meetings.
Penalty: Non-compliance can lead to penalties as prescribed by law.
Circulation of Financial Statements
Purpose: Distribution of audited financial statements to members.
Deadline: At least 21 days before the AGM.
Penalty: Delay results in penalties under the Companies Act.
Maintenance of Statutory Registers
Purpose: Maintenance of statutory records such as minutes of meetings, register of members, and others.
Timeline: Throughout the financial year.
Penalty: Penalties as per the Companies Act for failure to maintain records.

Other Compliances for Private Limited Companies

GST Returns (Monthly, Quarterly, and Annual)
Form Number: GSTR-1, GSTR-3B, GSTR-9, GSTR-9C
Purpose: To file GST returns detailing the company's sales and purchase transactions, GST liability, and claim of input tax credit.
Deadline: Monthly/Quarterly for GSTR-1 and GSTR-3B; Annual for GSTR-9 and GSTR-9C.
Penalty: Late fees starting from ₹50 per day and a penalty based on the tax amount.
Periodic TDS Return Filing
Form Number: 24Q (for salaries), 26Q (for non-salaries), 27Q (for foreign remittance), and 27EQ
Purpose: To file the quarterly TDS returns and furnish details of tax deducted at source from employees or other sources.
Deadline: Within 30 days from the end of each quarter.
Penalty: ₹200 per day for late filing, plus possible interest on the tax amount deducted.
Calculation of Tax Liability in Advance
Form Number: N/A
Purpose: To assess and pay advance tax in four instalments to avoid penalties at the end of the financial year.
Deadline: Due dates for advance tax are 15th June, 15th September, 15th December, and 15th March.
Penalty: Interest under section 234B and 234C for non-payment or underpayment of advance tax.
Income Tax Return Filing
Form Number: ITR-3, ITR-5, ITR-6, ITR-7
Purpose: To file the company’s income tax return, detailing its income, expenses, and tax liabilities for the financial year.
Deadline: July 31st (or extended) for companies that do not require a tax audit; September 30th for those that do.
Penalty: Late filing fees and potential interest under section 234A, 234B, and 234C.
Tax Audit Report
Form Number: 3CB, 3CD
Purpose: To file the tax audit report as per the Income Tax Act, certifying the correctness of the company’s financial statements.
Deadline: October 31st (for financial year ending March 31st).
Penalty: ₹1.5 lakh for failure to conduct a tax audit.
Semi-Annual Easy Returns
Form Number: MSME-1
Purpose: To report payments made to Micro and Small Enterprises (MSEs).
Deadline: April 30th (for October to March) and October 31st (for April to September).
Penalty: Non-filing results in penalties under the MSME Act.
Provident Fund (PF) Returns
Form Number: EPF Returns (Form 3A and Form 5)
Purpose: To file details regarding employee provident fund contributions.
Deadline: 15th of the following month.
Penalty: Late fees and interest on overdue contributions.
Professional Tax Return Filing
Form Number: State-specific Professional Tax Returns
Purpose: To file professional tax returns depending on the state in which the company operates.
Deadline: As per state laws (usually monthly or quarterly).
Penalty: Penalties and interest for late filing, varying by state.
Regulatory Assessments and Reporting
Form Number: N/A
Purpose: To comply with various regulatory assessments and file reports as required under laws like the Environment Protection Act, Factory Act, etc.
Deadline: Varies by law.
Penalty: Penalties for non-compliance depend on the specific act and its provisions.
Filing of Board Resolutions (MGT-14)
Form Number: MGT-14
Purpose: To file resolutions passed by the company’s board of directors with the Registrar of Companies.
Deadline: Within 30 days of the board meeting where the resolution is passed.
Penalty: Penalty of ₹10,000 for non-filing, and an additional ₹5,000 for every day of delay.
Filing of Change in Authorized or Paid-up Share Capital
Form Number: SH-7
Purpose: To file with the Registrar of Companies for any change in the company's authorized or paid-up capital.
Deadline: Within 30 days of the change.
Penalty: Penalty for non-compliance or late filing.
Filing of Appointment/Resignation of Directors
Form Number: DIR-12
Purpose: To file with the Registrar when there is a change in the company’s directors.
Deadline: Within 30 days of the change.
Penalty: Penalty for non-filing or late filing.
Filing of Allotment of Shares
Form Number: PAS-3
Purpose: To file with the Registrar after the company issues shares.
Deadline: Within 30 days of the allotment.
Penalty: Penalty for non-filing or late filing.
Filing of Event-Based Resolutions (Board Resolutions)
Form Number: MGT-14
Purpose: To file resolutions passed by the company’s board of directors with the Registrar of Companies.
Deadline: Within 30 days of passing the resolution.
Penalty: Penalty for non-compliance.
Secretarial Audit (if applicable)
Form Number: MR-3
Purpose: To conduct a secretarial audit for companies with paid-up capital exceeding ₹50 crore or turnover exceeding ₹250 crore.
Deadline: Annually, before the AGM.
Penalty: Penalty for non-compliance under the Companies Act.
Cost Audit (if applicable)
Form Number: N/A
Purpose: For companies engaged in manufacturing activities, to conduct and file a cost audit.
Deadline: As per the prescribed due dates.
Penalty: Penalties for non-compliance or late filing.
Filing of Tax Audit Report (if applicable)
Form Number: 3CB, 3CD
Purpose: To file the tax audit report for the company’s financial activities.
Deadline: October 31st (or extended deadline).
Penalty: ₹1.5 lakh for non-conduct of audit.
Filing of Form MSME-1 (for Payments to Micro/Small Enterprises)
Form Number: MSME-1
Purpose: To file half-yearly returns for payments made to micro or small enterprises.
Deadline: April 30th for October to March; October 31st for April to September.
Penalty: Penalties for late or non-filing.

Want to know more about Private Limited Company Compliance? Reach out to us at 7030307028 or click here to WhatsApp Us.

Registers to Be Maintained by a Private Limited Company in India

Register of Members (Section 88)
This register contains details of all shareholders, such as their names, addresses, the number of shares held, and the dates of shareholding.
Register of Directors and Key Managerial Personnel (KMP) (Section 170)
This register records the names, addresses, occupation, and appointment dates of the company’s directors and KMP.
Register of Charges (Section 85)
This register tracks charges created by the company on its assets, including the nature of the charge, property secured, and the charge amount.
Register of Investments (Section 49)
It logs the company’s investments in shares, securities, or other entities, detailing the name of the entity, investment type, and investment amount.
Register of Contracts (Section 189)
This register lists contracts entered into with directors, shareholders, or related parties, ensuring transparency in dealings with these stakeholders.
Register of Debenture Holders (Section 88)
For companies issuing debentures, this register maintains information on debenture holders, the number of debentures held, and amounts outstanding.
Register of Loans and Guarantees (Section 186)
It records loans, guarantees, and securities provided by the company to other entities, including loan amounts, terms, and involved parties.

Duration of Maintenance:

Minimum 8 Years: Most registers (such as the Register of Members and the Register of Charges) must be maintained for a minimum of 8 years from the date of the last entry.
Debenture Register: For the Register of Debenture Holders, records should be kept for a minimum of 8 years after the debentures are redeemed.
Other Records: Form MGT-7 (Annual Return) and financial statements must also be maintained for at least 8 years.

Who Maintains the Registers:

Company Secretary (CS): If appointed, the CS is responsible for maintaining the registers.
Board of Directors: If no CS is appointed, the Board of Directors ensures the registers are maintained and updated.
Responsibility for Updates: The directors appointed by the Board handle updates to the registers in the absence of a CS.

Key Information About Maintaining Registers:

Accessibility:
Registers must be maintained at the company’s registered office or at a place approved by the Board of Directors. Shareholders and other stakeholders can inspect these registers during office hours.

Filing with the Registrar of Companies (RoC):
Registers like the Register of Directors and KMP and Register of Charges must be updated and filed with the RoC as part of statutory compliance.

Audit and Inspection:
Registers may be inspected during annual audits or special audits by statutory auditors or authorized persons. Regulatory authorities may also scrutinize the registers to ensure compliance.

Changes in Register Entries:
Companies must update the registers when there are changes in information, such as an increase or decrease in shareholding, changes in directors or KMP, or creation/removal of charges. Relevant forms like DIR-12 (Appointment/Resignation of Directors) or CHG-1 (Registration of Charges) should be filed with the RoC as necessary.

Penalties for Non-Compliance:
Failure to properly maintain or update the registers can lead to penalties under the Companies Act, 2013, including fines or legal actions for non-compliance.

Electronic Records:
Companies may maintain registers electronically, provided they are properly backed up and accessible to authorized personnel.

Notices and Reporting:
Companies must notify directors, shareholders, and other stakeholders about updates to the registers. The registers must be available for inspection during the filing of annual returns and board meetings if needed.

By diligently maintaining these registers, a private limited company ensures compliance with the Companies Act, 2013, and upholds transparency in its operations.

Compliance Requirements for Private Limited Companies

Monthly Compliances:

GSTR-1 (GST Return)
Deadline: 10th of each month
Requirement: Monthly filing of GST return (for companies with GST turnover).
GSTR-3B (GST Summary Return)
Deadline: 20th of each month (for monthly filers)
Requirement: Monthly GST return (for companies with GST turnover).
PF Returns (Provident Fund)
Deadline: 15th of each month
Requirement: Filing PF returns for employees.
ESI Returns (Employees' State Insurance)
Deadline: 15th of each month
Requirement: Filing ESIC returns for employees.
Professional Tax Returns
Deadline: 30th of each month

Quarterly Compliances:

TDS Returns (Form 24Q/26Q)
Deadline:
Q1: 31st July
Q2: 31st October
Q3: 31st January
Q4: 31st May
Requirement: Filing TDS returns for each quarter.
Advance Tax
Deadline:
Q1: 15 June
Q2: 15 September
Q3: 15 December
Q4: 15 March
Requirement: Filing advance tax for each quarter.

Semi-Annual Compliances:

Form MSME-1
Deadline: 30th April and 31st October (half-yearly)
Requirement: Filing returns for payments to Micro or Small Enterprises.

Yearly Compliances:

Form DIR-3 KYC
Deadline: 30th September
Requirement: Filing of KYC for directors.
Annual General Meeting (AGM)
Deadline: 30th September
Requirement: Holding the AGM for the approval of financial statements and other matters.
Tax Audit Report
Deadline: 30th September (if applicable)
Requirement: Filing of tax audit report (for businesses that are subject to audit).
Cost Audit
Deadline: 30th September
Requirement: For companies engaged in manufacturing activities.
Corporate Tax Returns
Deadline: 30th September
Requirement: Filing of corporate tax return after the audit.
Form AOC-4 (Filing of Financial Statements)
Deadline: 30th October
Requirement: Filing financial statements (Balance Sheet, P&L, etc.) with the Registrar of Companies.
Form MGT-7 (Annual Return)
Deadline: 30th November
Requirement: Filing the annual return with the Registrar of Companies.
GSTR-9 (Annual GST Return)
Deadline: 31st December (for the previous financial year)
Requirement: Annual GST return for businesses with turnover above ₹2 crores.
GSTR-9C (GST Reconciliation Statement)
Deadline: 31st December
Requirement: Reconciliation statement for businesses with turnover of ₹2 crores and above.
Form DPT-3 (Deposits Return)
Deadline: 30th June
Requirement: Filing of return for deposits accepted by the company.
Income Tax Return (ITR) Filing
Deadline: For Companies: 30th September (if audited)
Requirement: Filing income tax return.
Secretarial Audit
Deadline: Within 180 days from the end of the financial year
Requirement: Secretarial audit for companies with paid-up share capital exceeding ₹50 crores or turnover exceeding ₹250 crores.
Internal Audit
Deadline: As per the prescribed timeline in the financial year
Requirement: For companies meeting certain turnover criteria.
FSSAI Return
Deadline: 31st May each year.
Requirement: For companies having food license.

One-Time Compliances:

Form ADT-1 (Appointment of Auditor)
Deadline: 30 days from the event
Requirement: Filing of appointment of auditor.
Form DIR-12 (Appointment/Resignation of Directors)
Deadline: 30 days from the event
Requirement: Filing of appointment or resignation of directors.
Form INC-20A (Declaration of Commencement of Business)
Deadline: 180 days from the date of incorporation
Requirement: Filing a declaration confirming the commencement of business.
Form SH-7 (Change in Authorized/ Paid-up Share Capital)
Deadline: 30 days from the date of passing the resolution
Requirement: Filing for changes in authorized or paid-up share capital.
Form PAS-3 (Allotment of Shares)
Deadline: 30 days from the date of allotment
Requirement: Filing of allotment of shares.
Form INC-22 (Change of Registered Office)
Deadline: 30 days from the change of registered office
Requirement: Filing for change in the company's registered office.
Form MGT-14 (Board Resolution Filing)
Deadline: 30 days from the date of passing the resolution
Requirement: Filing board resolutions with the Registrar of Companies.

IMPORTANT INFORMATION TO KNOW

Types of Changes Covered:

We handle compulsory and various event-based compliance needs, including:

Company annual compliance

Change in Director of Company

Change in Object Clause

Change in Company Address

Conversion of Company into LLP

Change in Capital Structure

Timelines Compliance

timelines vary based on the nature of the change; we will provide you with an estimated timeline during the consultation.

Documentation Required

Typical documents may include Board resolutions, updated MoA and AoA, consent letters, and KYC details of directors, among others.

Regulatory Updates

We stay updated with MCA regulations to ensure compliance processes are in line with the latest requirements.

Expert Team

Our team comprises legal and compliance experts with extensive experience in navigating MCA requirements, ensuring efficient handling of your requests.

Summary of compliance

Compliance is a crucial aspect of running a successful business in India. By ensuring timely adherence to legal and regulatory requirements, you can safeguard your company from penalties, legal issues, and maintain transparency with stakeholders. Here's why compliance matters:

Avoid Penalties: Late filings, missed deadlines, and incorrect submissions can result in hefty fines. By staying on top of compliance, you avoid these costs and keep your business in good standing.
Transparency and Credibility: Proper maintenance of key registers (like Register of Members and Directors) ensures transparency, builds trust with investors, stakeholders, and customers, and demonstrates that your business is well-managed.
Legal Obligations: Meeting statutory compliance requirements like filing annual returns (Form MGT-7) and conducting AGMs ensures your company stays within the bounds of the law, avoiding legal disputes and penalties.
Financial Health: Statutory audits and accurate record-keeping help maintain a clear picture of your company’s financial health, allowing you to make informed decisions.
Governance and Trust: Complying with corporate governance standards and conducting regular audits ensures that your company operates ethically and responsibly, gaining the trust of customers, investors, and partners.
Long-term Business Success: Timely compliance and proper document retention (keeping records for at least 8 years) helps maintain continuity, keeps your business prepared for future audits, and makes it easier to handle any unforeseen challenges.

By embracing compliance, you’re not only ensuring that your business meets the legal requirements but also strengthening its reputation and growth prospects. Don't wait for penalties or issues to arise—stay compliant, stay successful!

For guidance on Private Limited Company Compliance, feel free to reach out to us at 7030307028 or WhatsApp Us now!

1. What is event-based compliance?

Event-based compliance refers to the regulatory requirements that companies must fulfill when specific changes occur within the organization, such as director changes, address updates, or capital alterations.

2. Why is it important to comply with MCA regulations?

Non-compliance can lead to penalties, legal repercussions, and damage to your company's reputation. Staying compliant ensures smooth business operations and maintains trust with stakeholders.

3. What types of events require compliance filings?

Common events include changes in directors, changes in the registered office address, changes in the capital structure, changes in business objectives, and conversions of companies.

4. How do I initiate the compliance process?

You can start by scheduling a consultation with our team to discuss your specific needs and the changes you wish to implement.

5. What documents are required for compliance filings?

Required documents may include Board resolutions, consent letters from directors, KYC documents, updated Memorandum of Association (MoA), and Articles of Association (AoA).

6. How long does the compliance process take?

The duration varies based on the specific change; typically, it can take anywhere from a few days to several weeks for the MCA to process the filings.

7. Can I handle compliance filings myself?

While it's possible, it's recommended to engage professionals to ensure accuracy and adherence to MCA guidelines, minimizing the risk of errors.

8. What happens if I miss the compliance deadline?

Missing deadlines can lead to penalties and additional fines. It's crucial to stay on top of compliance requirements to avoid such issues.

9. How will I be informed about the status of my filings?

We will provide you with regular updates on the progress of your filings and notify you once they are accepted by the MCA.

10. What if I need to make multiple changes at once?

We can handle multiple compliance requests simultaneously, ensuring all changes are filed efficiently and accurately.

11. Do you offer post-filing support?

Yes, we provide ongoing support for any further compliance needs and guidance on maintaining compliance for your company.

12. Can you assist with international compliance requirements?

While we primarily focus on Indian regulations, we can provide guidance on compliance related to foreign investments and other international considerations.

13. What are the costs associated with event-based compliance services?

Our pricing starts from ₹5,000, depending on the complexity and number of compliance events you wish to address.

14. Will my company information be kept confidential?

Absolutely. We take confidentiality seriously and ensure that all your company information is handled securely.

15. Can you help with changes in company capital?

Yes, we assist with increasing or reducing share capital, including all necessary filings and documentation.

16. How do you ensure compliance with the latest regulations?

Our team continually monitors regulatory updates from the MCA to ensure all processes align with the latest legal requirements.

17. What are the consequences of failing to comply?

Non-compliance can result in fines, penalties, and legal action, as well as complications with future filings or changes.

18. What types of companies can benefit from your services?

We assist all types of companies registered under the Companies Act, including private limited companies, public limited companies, and LLPs.

19. Can you assist with conversion from a company to an LLP?

Yes, we provide comprehensive support for converting a company into a Limited Liability Partnership (LLP), including necessary documentation and filings.

20. What are the advantages of keeping my compliance up to date?

Staying current with compliance helps prevent legal issues, enhances credibility, and ensures that your company can respond quickly to changes in business needs.

21. How do you charge for your services?

We offer transparent pricing based on the specific compliance event and associated complexity, clearly outlined in our proposal.

22. Will you guide me through the entire compliance process?

Yes, our team will provide guidance throughout the entire process, from initial consultation to post-filing support.

23. What if I have a unique compliance requirement?

We are equipped to handle unique situations and can tailor our services to meet your specific compliance needs.

24. Do you provide training on compliance matters?

While we primarily focus on execution, we can provide guidance and resources to help you understand your compliance responsibilities.

25. How can I ensure ongoing compliance after making changes?

We can assist you with regular compliance checks and updates, ensuring that your company remains in good standing with the MCA.

26. What if I need to change my company's objectives?

We can assist you in modifying your company's object clause, including all necessary filings and documentation.

27. How do I contact you for service inquiries?

You can reach out to us via our website contact form or by phone, and we will schedule a consultation at your convenience.

28. Can you handle filings for multiple companies?

Yes, we can manage compliance filings for multiple companies, ensuring all are compliant with MCA regulations.

29. What if I have questions after my compliance filings are completed?

We welcome any questions you may have and provide continued support for your compliance needs.

30. How do I get started?

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