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A Private Limited Company is the most popular form of starting a business. However, there are various compliances which are required to be followed once your business is incorporated. Let us understand those.

Here is a list of compliances for Private Limited Company:

Annual Compliances for Private Limited Company

SR. No.

Particulars

Due Dates/Status

1.

Company Name Board

Every Company shall paint or affix its name, and the address of its registered office, and keep the same painted or affixed, on the outside of every office or place in which its business is carried on, in a conspicuous position, in legible letters.

2.

Letter Head of Company

Every Company shall get its name, address of registered office, CIN, telephone, and email printed on all business letters, billheads, letter papers, Notices, and other official publications.

3.

First Board Meeting

Every Company is required to hold first Board Meeting within 30 days of incorporation of Company

4.

MBP-1

Every director at:

‐ First meeting in which he participates as director; or

‐ First meeting of Board in every FY; or

‐ Whenever there is a change in disclosures

disclosure of his interest in form MBP-1

5.

DIR 8

Every director shall inform the Company about his disqualification in Form DIR-8 before he is appointed or re-appointed.

6.

Appointment of First Auditor

Every Company is required to appoint an auditor in the Board Meeting within 30 days of incorporation.

Term of Auditor will be up to First AGM.

Filing of ADT-1 is optional

7.

Issue of Share Certificate

The Company is required to issue Share Certificates to the subscribers of memorandum within 60 days of Incorporation of Company.

8.

Declaration of Commencement of Business

Every company is required to file e Form INC 20A with Registrar of Companies within 180 days of its Incorporation for the commencement of its business that every subscriber to the memorandum has paid the value of the shares agreed to be taken by him on the date of making of such declaration.

9.

Subsequent Board Meetings

Every Company other than One Person Company, Small Company, Section 8 Company, and dormant Company is required to hold minimum 4 Board meetings in a calendar year And

not more than 120 days gap should be there between two meetings

For One Person Company, small company and dormant company, a minimum of two meetings in each half of the calendar year with a minimum gap of 90 days.

10.

First Annual General Meeting

Every Company is required to hold first Annual General Meeting within a period of nine months from the date of closing of the first financial year of the Company

11.

Appointment of Subsequent Auditor in First AGM

An auditor will be appointed for 5 years in AGM from the conclusion of that meeting until the conclusion of its 6th annual general meeting,

E -Form ADT-1 will be filed within 15 days from AGM

12.

Filing of Financial Statements i.e. E-form AOC-4

Within 30 days of the Annual General Meeting

13.

Filing of Annual Return i.e. E -form MGT-7

Within 60 days of the Annual General Meeting.

14.

Directors KYC

Every Director has to file DIR 3 KYC on or before 30th of September

15.

E-Form MSME-I

Every Company having outstanding payments dues to micro and small enterprises and in case the payment of the same is pending beyond 45 days, then the Company has to furnish details as per the following timeline:

For April to September by 31st October

For October to March by 30th April

16.

E-Form DPT-3

A company having any outstanding loan/amount as on 31st March of every financial year has to furnish details and bifurcation of such outstanding amount irrespective of the fact whether such amount is falling under the definition of deposit or not by 30th June.
 

17.

Maintenance of Statutory Registers, Minutes books and records

All the Companies are advised to maintain statutory registers in the prescribed format such as register of members, register of charges, register of directors and KMP, register of loan and guarantee, etc.

Minutes of the Board meeting and general meeting, Attendance Register, Books of Accounts, etc. are required to be maintained.

The attendance register shall be preserved for a period of at least eight financial years from the date of last entry made therein and may be destroyed thereafter with the approval of the Board.

Minutes of all Meetings shall be preserved permanently in physical or in electronic form with Timestamp.

18

Proof of circulation of Notice, Draft, and Signed Minutes

Required to be maintained for a period of 3 years from the date of the meeting.

 

The author can also be reached at corpcompliance07@outlook.com

Disclaimer: The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. In No Event Shall Be Liable for Any Result Arising Out of Or in Connection with the Use of the Information.

 

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Category Corporate Law, Other Articles by - RUTU SHAH 



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