This article contains various compliance requirements under Companies Act, 2013 as the Government of India with its reformative outlook has brought major changes, to say the least, by way of amendment rules, notifications and circulars. Step has been initiated to club all the compliances now corporates are required to do in line of the amendments introduced by Ministry of Corporate Affairs.
Besides the brief of compliance(s), the information and documents to be arranged by the corporate are also mentioned for quick and handy reference.
S.No. |
Compliance to be done |
Applicability |
Exemptions, if any |
Deadline as on 01.03.2019 (may be change at any later date) |
Information/ documents to be arranged |
Fees after due date (in INR) |
Consequence on non-compliance |
|
Form MSME I filing – One Time return |
Every Specified company |
Other than Specified companies |
Within 30 days of deployment of e-form on MCA |
Following is required for each supplier:
|
Not prescribed |
Penalty on Company of maximum INR 25,000/- Every office in default may be imprisoned for 6 months or fine of minimum INR 25,000/- and maximum INR 3,00,000/- or both. |
|
Form MSME - Half yearly return |
Every Specified company |
Other than Specified companies |
30th April, 2019 |
Following is required for each supplier:
|
Not prescribed |
Penalty on Company of maximum INR 25,000/- Every office in default may be imprisoned for 6 months or fine of minimum INR 25,000/- and maximum INR 3,00,000/- or both. |
|
Form DPT-3 filing – One Time |
Every company |
Government companies |
20th April, 2019 |
|
On the basis of capital of the company |
Penalty on Company and every Officer in default of maximum INR 5000/- If contravention continues, fine may extend to INR 5000/- for every day after the first day during which contravention continues. |
|
Form DPT-3 -Annual Return |
Every company |
Government companies |
30th June, 2019 |
|
On the basis of capital of the company |
Fine on Company and every Officer in default may extend upto INR 5000/- If contravention continues, fine may extend to INR 5000/- for every day after the first day during which contravention continues. |
|
Form ACTIVE / Form INC 22A |
Every company incorporated on or before 31.12.2017 |
|
25th April, 2019 |
|
10,000/- |
|
|
Registration under TReDS of RBI |
|
Companies with less than 500 crore turnover |
Not prescribed |
|
- |
Not prescribed |
|
Form DIR-3 KYC |
Every person who has been allotted DIN as on 31st March, 2019. |
- |
30th April, 2019 |
Note: For Non-resident Indian Directors, passport is mandatory and documents to be notarised/ apostilled/ consulrised for case to case. |
5000/- |
DIN shall be de-activated post the due date and shall be re-activated after filing form with late fee. |
|
Form BEN 2 - One time return |
Every Reporting Company on which its rules applies |
Companies prescribed under Rule 8 of the Companies (Significant Beneficial Owners) Rules, 2018. |
Within 30 days of receipt of declaration in Form BEN-1 (BEN-1 to be received not later than 7th May, 2019) |
|
Not prescribed |
Penalty on Company and Officer in default of minimum of INR 10,00,000/- and maximum upto INR 50,00,000/- If contravention continues, further fine may extend to INR 1000/- for every day after the first day during which contravention continues. |
|
Form BEN 2 Event wise return |
Every Reporting Company on which its rules applies |
Companies prescribed under Rule 8 of the Companies (Significant Beneficial Owners) Rules, 2018. |
Within 30 days of the date of receipt of declaration in Form BEN-1 |
|
Not prescribed |
Same as mentioned above for Form BEN-2 (One time return) |
|
Form NFRA-1 |
Every body corporate on which these rules applies. |
Companies in which these rules does not apply |
Within 30 days from the date of deployment of form on MCA |
|
Not prescribed |
Penalty on Company, Auditor and every Officer in default may extend upto INR 10,000/- If contravention continues, fine may extend to INR 1000/- for every day after the first day during which contravention continues. |
|
Form AOC-4 |
Every company |
- |
Within 30 days of the date of Annual General Meeting (AGM) [AGM shall be held within 6 months, from the date of closure of financial year Or Within fifteen months from the date of last AGM held (whichever is earlier) ] |
|
INR 100/- for each day of delay |
Penalty on Company ranging from INR 1000/- for each day of default maximum upto INR 10,00,000/- Penalty on MD and CFO, if any/Director charged with responsibility, if any/ All the directors of INR 100,000/- If contravention continues, fine may further extend to INR 100/- for every day after the first day during which contravention continues and maximum upto INR 500,000/-. |
|
Form AOC-4 (CFS) |
Every company |
- |
Within 30 days of the date of Annual General Meeting |
|
INR 100/- for each day of delay |
Same as above mentioned for AOC-4 |
|
Form AOC-4 (XBRL) |
Every company on which the Companies (Filing of documents and forms in XBRL) Rules, 2015 applies |
Companies not covered under such rules. |
Within 30 days of the date of Annual General Meeting |
|
INR 100/- for each day of delay |
Same as above mentioned for AOC-4 |
|
Form MGT-7 |
Every company |
- |
Within 60 days of the date of Annual General Meeting |
|
INR 100/- for each day of delay |
Penalty on Company and Officer in default of minimum INR 50,000/- If contravention continues, fine may further extend to INR 100/- for every day after the first day during which contravention continues and maximum upto INR 500,000/-. |
Disclaimer- This simplified note has been prepared by relying upon the provisions of the applicable laws, and our interpretation and understanding thereof. Such laws and interpretation thereof including the determination criteria are subject to change or modification by subsequent decision of competent legislative, regulatory, administrative or judicial bodies, any such change could affect the validity of conclusions contained herein. We expressly disclaim any financial or other responsibility arisen due to any action taken by any person on the basis of this specified note.
Tags corporate law