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Every company registered in India is required to comply with the compliance stated by the Ministry of Corporate Affairs (MCA) and Registrar of Companies (ROC) for its smooth functioning. To maintain transparency and safeguard the interest of all the stakeholders, ROC has mandated certain compliances to be done by companies.
Such compliances are applicable from the date the company is registered and apply to all the types of the companies whether it is OPC Company, Private Limited, Section 8 company or Public Limited company. In case if the company fails to comply with the same, then the government may levy various penalties and fines as given under the Companies Act and notified by MCA on company and directors.
To avoid hefty penalties, Companies and their directors are required to comply with the same on or before the due date of compliance. Legal workmate is an organization with various chartered accountant and company secretary working under experts and we can help you with carrying out all this compliance without any hassle.
|Compliance||What is to be done||Penalty|
|Appointment of Auditor.||Every company at its AGM to appoint its Auditor. Filling of form ADT 1 in 15 Days.||Additional ROC Filing Fees: Upto 12 times of normal filing fees.|
|Director KYC Verification for subsequent period.||Every director has to verify its contact details through web service DIR-3 KYC.|
In case of any change the company is required to file DIR- 3 KYC and form DIR-6.
|Penalty of INR 5000/- for every director.|
|Companies Annual Return.||Every company is required to file its Annual Return (MGT-7) with the ROC within 60 days of AGM.|
The Financials (AOC-4) also to be filed within 30 days of AGM.
|Additional ROC Filing Fees: Upto 12 times of normal filing fees for each Form separately i.e. MGT-7 & AOC-4 (Depending on the Delay time).|
|Form INC 22A e-Form ACTIVE||Every company incorporated on or before 31st December, 2017 provided such company has not failed to file any Form AOC-4 or MGT-7 to file INC 22A e-Form Active.||Penalty of INR 10,000/- for Non Compliance.|
|Board Meeting Compliances||One Board Meeting to be held in each quarter of the financial year.|
Minutes of meeting to be prepared, Notice of Meeting should be given Attendance Register of every meeting to be maintained.
|Company: Fine from Rs. 25,000 and Director in default: liable to a penalty of Rs. 5,000.|
Non-compliance in Issue of Notice of Meeting, Director shall be liable to a penalty of Rs. 25,000.
|Preparation of Directors Report.||As per Sec 134 every company is required to prepare its directors report and present it in the AGM.||Non- compliance of it will result in non-submission of proper annual return of company.|
|Form MSME.||Every company who has outstanding from Small or Medium Enterprise for more than 45 Days as on 30th September or 31st March is required to file the detail of same in 30 Days.||On Company up to Rs. 25,000|
On Directors, CFO and CS Imprisonment up to 6 Months
Fine not less than Rs. 25000 up to Rs. 300000 per person
|Form DTP- 3 Annual Filling||Every company other than Government Company having deposits or transactions not considered as deposit.||Rs.10 crores; and Every Officer who is in default- Who is in default: imprisonment up to seven years and with a fine of not less than Rs. 25 lakh which may extend to Rs.2 crores.|
ROC Compliance For Company
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