ROC Compliance

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Description

All companies incorporated in India are required to file certain documents/ information  with the Registrar of Companies ( ROC) every financial year. Registrar of Companies (ROC) is the designated authority that deals with administration of Companies Act 2013 and it falls under Ministry of Corporate Affairs.

As per Companies Act,  2013, the guiding law for companies mandates for every company to file their Balance Sheet and Profit and Loss Account along with the audit report within 30 days from Annual General meeting on form- AOC-4.

The company is also required to file annual return containing information such as the name of the company, its registered office, its principal business activities, capital in the company, details of all the directors and shareholders etc. as on the date of Annual General Meeting within 60 days from the date of Annual General Meeting on Form MGT-7.

Events Based Compliance Filing :

  • Change of  Name of company/ LLP
  • Change of  Object clause of MOA
  • Preparation of Director Report and AGM Notice
  • Change in Registered Office  of the company
  • Increase Authorized Capital
  • Winding Up of Company
  • Winding Up of LLP
  • Maintenance of Minutes book and Statutory registers
  • issuance of Share certificates
  • ROC Event based compliances of company/ LLP
  • Allotment of Shares
  • Appointment & Resignation of Directors
  • Transfer of Shares
  • Charge creation

Post Incorporation compliances for private limited company

*The company shall held its first board meeting within 30 days of its incorporation

APPOINTMENT OF STATUTORY AUDITOR:

Pursuant to section 139(6) (1) the first auditor of the company, (who is Chartered Accountant), other than a Government company, shall be appointed by the Board of Directors within thirty days (30 days) from the date of registration of the company and in the case of failure of the Board to appoint such auditor, it shall inform the members of the company, who shall within ninety days (90 days) at an extraordinary general meeting appoint such auditor and such auditor shall hold office till the conclusion of the first annual general meeting.

ALLOTMENT OF THE SECURITIES:

Pursuant to section 56(4)(a), every company shall, deliver the certificates of all securities allotted, transferred or transmitted within a period of two months (2 months) from the date of incorporation  in the case of subscribers to the memorandum and the share certificates must be allotted.

In case of Default :

This procedure should be followed as per the provision of the Act because in case of any default, the company shall be punishable with a fine which shall not be less than twenty five thousand rupees (Rs. 25000/) but which may extend to five thousand rupees (Rs. 5000 /) and every officer of the company who is in default shall be punishable with fine which shall not be less than ten thousand rupees (Rs. 10000/) but which may extend to one lakh rupees. (Rs. 100000/)

MAINTENANCE OF STATUTORY REGISTERS:

A company has to maintain certain registers as prescribed under the act like Register of Members in form MGT-1, Register of debenture holders/ other Securities holders in form MGT-2, Register of Charges in form CHG-7 etc.

ANNUAL GENERAL MEETING:

A company should hold its first AGM within a period of nine months from the date of closing of the first financial year of the company and in any other case, within a period of six months, from the date of closing of the financial year and not more than fifteen months shall elapse between the date of one annual general meeting of a company and that of the next.

ANNUAL FILING:

A Company has to file form AOC-4 for Balance Sheet and Statement of Profit and Loss within 30 days from the date of Annual general Meeting and form MGT-7 for Annual Return within 60 days from the date Annual General Meeting

Documents e-Form Due date
Annual Return MGT-7  60 days from the date of AGM
Balance Sheet and Statement of Profit and Loss along with Director Report, Auditors Report AOC-4 30 days from the date of AGM

OTHER REGISTRATIONS:

  • Application for Shop Act licence (as per Shop and Establishment Act-Within 30 days- If there is employee in office)
  • Registration of GST( If applicable)
  • Registration of Profession Tax ( Within 30 Days)Mandatory
  • PF and ESI- ( If applicable)
  • Trade License (Mandatory)

As per Section 12 (3) Every company shall —

(a) 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.

(b) have its name engraved in legible characters on its seal;

(c) get its name, address of its registered office and the Corporate Identity Number along with telephone number, fax number, if any, email and website addresses, if any, printed in all its business letters, billheads, letter papers and in all its notices and other official publications;

OPENING OF BANK ACCOUNT, the money received from subscriber on securities should be deposited in company’s Bank account.

LIST OF STATIONERY ITEMS TO GET:

  • Statutory Register (Mandatory)
  • Minutes Loose Leaf (100 pages) & Minutes Binder (optional)
  • Share Certificate Book (Minimum 50 Share Certificate) (optional)

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