Filing of ar - one person company
This query is : Resolved
Pawan Jaiswal
(Querist)
08 December 2015
Dear team, what is the due date for filing of Annual Return in case of One Person Company who does not require hold AGM
Pawan Jaiswal
(Querist)
08 December 2015
And also if i want to convert Pvt Co. to OPC do i need to copmly with the provisions of alteration of memorandum and article?????
24 July 2024
In the case of a One Person Company (OPC) in India, the filing requirements for the Annual Return and other compliances are as follows:
1. **Annual Return Filing**:
- OPCs are required to file their Annual Return within 180 days from the close of the financial year.
- For example, if the financial year ends on 31st March, the Annual Return should be filed by 28th September of the same year.
2. **No AGM Requirement**:
- OPCs do not need to hold an Annual General Meeting (AGM) as per the Companies Act, 2013. Therefore, the requirement to file Annual Return remains independent of the AGM.
3. **Conversion from Private Company to OPC**:
- Yes, if you want to convert a Private Company to an OPC, you need to comply with the provisions related to alteration of the Memorandum and Articles of Association.
- This process involves passing a special resolution and submitting the necessary forms to the Registrar of Companies (ROC).
Here are the steps involved in converting a Private Company to an OPC:
a. **Board Meeting**: Convene a board meeting to approve the conversion and pass a resolution for the same.
b. **Shareholder Approval**: Obtain shareholder approval by passing a special resolution in a general meeting.
c. **Application to ROC**: File Form MGT-14 within 30 days of passing the special resolution. This form notifies the ROC of the shareholder approval for conversion.
d. **Filing Form INC-6**: After receiving shareholder approval and passing the special resolution, file Form INC-6 with the ROC along with the required documents and fees.
e. **Approval from ROC**: Upon receipt of Form INC-6, the ROC will review the application. If satisfied, they will issue a fresh Certificate of Incorporation reflecting the conversion to OPC status.
f. **Compliance with Other Laws**: Ensure compliance with other applicable laws and regulations during and after the conversion process.
It’s advisable to consult with a Company Secretary or a professional familiar with company law to ensure compliance with all legal requirements and smooth transition from a Private Company to an OPC.
1. **Annual Return Filing**:
- OPCs are required to file their Annual Return within 180 days from the close of the financial year.
- For example, if the financial year ends on 31st March, the Annual Return should be filed by 28th September of the same year.
2. **No AGM Requirement**:
- OPCs do not need to hold an Annual General Meeting (AGM) as per the Companies Act, 2013. Therefore, the requirement to file Annual Return remains independent of the AGM.
3. **Conversion from Private Company to OPC**:
- Yes, if you want to convert a Private Company to an OPC, you need to comply with the provisions related to alteration of the Memorandum and Articles of Association.
- This process involves passing a special resolution and submitting the necessary forms to the Registrar of Companies (ROC).
Here are the steps involved in converting a Private Company to an OPC:
a. **Board Meeting**: Convene a board meeting to approve the conversion and pass a resolution for the same.
b. **Shareholder Approval**: Obtain shareholder approval by passing a special resolution in a general meeting.
c. **Application to ROC**: File Form MGT-14 within 30 days of passing the special resolution. This form notifies the ROC of the shareholder approval for conversion.
d. **Filing Form INC-6**: After receiving shareholder approval and passing the special resolution, file Form INC-6 with the ROC along with the required documents and fees.
e. **Approval from ROC**: Upon receipt of Form INC-6, the ROC will review the application. If satisfied, they will issue a fresh Certificate of Incorporation reflecting the conversion to OPC status.
f. **Compliance with Other Laws**: Ensure compliance with other applicable laws and regulations during and after the conversion process.
It’s advisable to consult with a Company Secretary or a professional familiar with company law to ensure compliance with all legal requirements and smooth transition from a Private Company to an OPC.
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