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Your company is now officially registered! Ensure your compliance with the Registrar of Companies (ROC) effortlessly with the Apki Return Team. With our expert assistance, you can relax and focus on your business, knowing your ROC obligations are being handled meticulously.
Annual ROC (Registrar of Companies) compliance is a critical aspect for companies incorporated in India. Adhering to these compliances is essential for maintaining the company’s legal status and avoiding penalties. Here’s an overview of its importance and key components:
Companies registered under the Companies Act, 2013, are legally obligated to comply with various provisions, including annual filings with the ROC.
Non-compliance can result in hefty penalties and additional fees, which can be a financial burden for the company.
Regular compliance helps in maintaining an active status on the MCA (Ministry of Corporate Affairs) portal. Non-compliant companies’ risk being marked as ‘defunct’ or ‘struck off’ from the register.
Timely compliance reflects the company’s commitment to good governance, enhancing its credibility among stakeholders, including investors, creditors and customers.
Annual filings provide a clear picture of the company’s financial status, which is essential for audits and financial transparency.
In the context of corporate compliance in India, DPT-3, AOC-4, and MGT-7 are crucial forms required to be filed with the Ministry of Corporate Affairs (MCA). Each of these forms serves a different purpose and is a part of mandatory regulatory filings for companies operating in India: –
Form DPT-3 is used for filing the return of deposits or particulars of transactions that are not considered deposits. It is filed by companies to provide information about the money received by the company.
Filing Frequency: Annually, by the 30th of June every year, for the period of 1st April to 31st March.
Form AOC-4 is used for filing the financial statements of the company for every financial year with the Registrar of Companies (ROC).
Form MGT-7 is an annual return that companies are required to file with the ROC.
| Description | Frequency | Form | Due date |
|---|---|---|---|
| Details of Deposits | Annually | DPT-3 | 30th June |
| Director KYC submission for DIN holders as of 31 March 2022. Every person who has a DIN allotted and the status of the DIN is ‘Approved’. | Annually | DIR-3 KYC | 30th September |
| Filing the company's financial statement | Annually | AOC-4 | 30th October |
| Filing details of their annual return | Annually | MGT-7 | 29th November |
| Reconciliation of Share Capital Audit Report | Half Yearly | PAS-6 (Filed half-yearly) | 30th May & 29th November |
| Appointment of auditor | First Time Auditor Appointment/Change in Auditor/Re-appointment | ADT-1 | 14th October |
| Declaration for Commencement | within 180 days of the date of incorporation of the company. | INC-20A | within 180 days of the date of incorporation of the company. |
| Certification on annual return of Company by a practising company secretary | Annually | MGT-8 | 28th November |
Sure, here’s a short note on Director’s Annual KYC Filing and the forms required for various corporate actions:
The Indian Ministry of Corporate Affairs (MCA) mandates every individual who has been allotted a Director Identification Number (DIN) to submit the DIR-3 KYC form annually. This is to update the personal details and ensure the authenticity of the directors of registered companies.
To verify and maintain the current information of the directors of companies.
It is typically due by September 30th of every financial year.
Failure to file this form can result in the deactivation of the DIN.
Form SH-7 (for alteration of share capital) and Form PAS-3 (return of allotment) are used to report changes in the shareholding pattern.
Form DIR-12 is used for intimating the ROC about the appointment/resignation of directors.
Form SH-7 is used to notify the ROC about an increase in the company’s authorized share capital.
Revival of a struck-off company involves appealing to the NCLT. Form NCLT-9 can be used for filing the petition.
There’s no specific form for this. The disqualification of a director is governed by the Companies Act and addressed through legal procedures. Form DIR-12 may be used to inform about the change in directorship.
XBRL (eXtensible Business Reporting Language) filing in the context of the Ministry of Corporate Affairs (MCA) in India is a specific application of this global standard for digital business reporting. Here’s an overview tailored to the MCA context:
It is the submission of financial statements in an electronic format using XBRL, mandated by the MCA for certain classes of companies in India.
As part of its e-Governance initiative, MCA has adopted XBRL for better regulatory processes and for making corporate information more transparent, accessible and accurate.
Generally, XBRL filing is mandatory for all companies listed in India and their Indian subsidiaries, as well as for certain other large companies based on their turnover and paid-up capital.
The MCA has implemented XBRL filing in phases, gradually expanding the range of companies that are required to comply.
Non-compliance with XBRL filing requirements can lead to penalties and legal issues.
The deadline for XBRL filing typically aligns with the financial year-end reporting deadlines.
Company registration is the process of legally establishing a company as a corporation, meaning it gets a separate legal identity from its owners. This process is done through the Ministry of Corporate Affairs in India.
Annual compliances for a private limited company include filing of annual returns, financial statements, conducting an annual general meeting, statutory audit, directors’ report and maintaining statutory registers.
Yes, in India, every company, regardless of its size or turnover, is required to get its accounts audited every year by a practicing Chartered Accountant.
Failure to comply with annual compliances can lead to penalties, additional fees and even disqualification of directors.
Company registration is for incorporating a private or public limited company which has a more complex structure and more compliance requirements. LLP (Limited Liability Partnership) registration is for partnerships with limited liability and generally fewer compliance obligations.
Key documents typically include identity proof and address proof of the directors, the proposed company’s address proof, Memorandum of Association (MOA), and Articles of Association (AOA).
Yes, a foreign national can be a director of an Indian company, provided they obtain a Director Identification Number (DIN) and fulfill other necessary criteria.
DIN is a unique identification number required for anyone looking to become a director in an Indian company. It’s issued by the Ministry of Corporate Affairs.
Authorized capital is the maximum amount of share capital that a company can issue to shareholders. Paid-up capital is the actual amount of capital that is paid by shareholders.
The time taken for company registration in India can vary, but typically it takes about 7-15 days after submission of all necessary documents and completion of the required procedures.
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