Post incorporation compliance

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Dear Friends,

There was a private limited company which was being incorporated on 13/03/2012 and the company has not filed any ROC returns and neither it has appointed auditor nor it has done any kind of income tax filings.

1. So firstly within how much time does the first allotment needs to be done i.e. Rs.1 lakh the subscribed money is there any maximum limit that the end of the financial year it compulsory needs to be allotted i.e. 31/03/2012

2. Within how much time does the first auditor needs to be appointed and does the first auditor needs to file 23B and if yes then from what date it should be from the incorporation date till 31/03/2012 or till 31/03/2013 or 01/04/2012 to 31/03/2013.

3. Does the Company needs to file an income tax return from 13/03/2012 to 31/03/2012 or it is not required? 

4. If 23B is not to be filed then while filing Form 23AC which mandatorily requires you the SRN of Form 23B what should i put there?

5. The fist auditor which is appointed now wants to resign from the company and the new auditor needs to be appointed so what is to be done now and he wants to resign in the AGM to be held on 30/08/2013?

Thanks a lot in advance. Please do help for the same.

Regards,

 

Replies (1)

1. The Company can issue partly paid shares till 31/03/2012 which was received in cash.

2. The first auditor has to be appointed within one month of Incorporation in the Board of Directors meeting or in an EGM after one month of incorporation. Form 23B has to be filed within one month only in the case of appointment in AGM and not for first audtiors. Section 224 (1) and Section 224 (5) of Companies Act 1956.

4. As there is no requirement for filing Form 23B for first Auditors You can put Z99999999 in case of filing the First 23AC and ACA.

5. As Form 23B is not applicable to First auditors, appoint the new Auditors in the AGM held on 30/08/2013 and file the Form 23B now for the new Auditor with the Additional Fees.

Some links of previously discussed threads. Regarding Auditor:-

/experts/filing-of-form-23b-1331664.asp#.UxWCPoXazm4

Regarding First Allotment.

/forum/allotment-of-share-to-subscribers-of-moa-after-incorporation-19593.asp#.UxWEC4Xazm4

/experts/share-allotment-at-incorporation-257840.asp#.UxWF5IXazm4


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