1. What is ROC Compliance
In India, every company incorporated under the Companies Act, 2013, and every Limited Liability Partnership (LLP) registered under the LLP Act, 2008, is subject to specific requirements and compliance obligations. The Ministry of Corporate Affairs (MCA) acts as the regulatory authority overseeing these compliance obligations. This information is an attempt to provide an overview of the key requirements and filing obligations that companies and LLPs must fulfill.
1. Company and LLP Registration:
Under the respective Acts, companies and LLPs must be duly registered with the MCA. The registration process involves submitting the necessary documents and complying with the prescribed guidelines. This ensures legal recognition and enables the entity to conduct business in compliance with applicable laws and regulations.
2. Filing of Forms for Compliance:
To ensure compliance with the Companies Act, 2013, and the LLP Act, 2008, companies and LLPs are required to file various forms and documents with the MCA. These forms serve as a means to report and fulfill specific compliance requirements. For example, annual filings such as financial statements, annual returns, and other prescribed documents must be submitted within the stipulated timelines.
3. Reporting Changes in Company Structure:
Any changes in the structure of a company or LLP, such as a change in the registered office address, appointment or resignation of directors, or the issue of additional share capital, must be reported to the MCA. This ensures that the regulatory authorities and stakeholders are duly informed and updated regarding such changes.
4. Maintenance of Statutory Records:
Companies and LLPs are required to maintain statutory records, including registers, books of accounts, minutes of meetings, and other relevant documents, as specified under the respective Acts. These records provide an accurate representation of the company's or LLP's affairs and facilitate transparency and compliance.
5. Compliance with Other Applicable Laws:
In addition to the Acts specific to companies and LLPs, businesses must also comply with various other laws and regulations. This includes tax compliance, intellectual property protection, data protection and privacy laws, employment laws, and any other applicable sector-specific regulations. Adhering to these legal obligations is crucial to avoid penalties and ensure ethical and responsible business practices.
6. Professional Guidance:
Given the intricacies of compliance requirements, companies and LLPs are encouraged to seek professional guidance from qualified company secretaries, chartered accountants, or legal experts. These professionals can provide assistance in understanding and fulfilling the necessary compliance obligations, ensuring adherence to applicable laws and regulations.
Compliance with the Companies Act, 2013, and the LLP Act, 2008, is essential for companies and LLPs operating in India. By fulfilling registration requirements, timely filing of prescribed forms, reporting changes in company structure, maintaining statutory records, and complying with other applicable laws, businesses can ensure legal compliance and promote transparency. Seeking professional guidance plays a vital role in navigating these compliance obligations effectively. Adhering to regulatory requirements not only mitigates legal risks but also enhances the credibility and reputation of companies and LLPs in the business ecosystem.
2. Major Form’s with Nature of Data to be uploaded are as below:
S. No. |
Form Name |
Frequency of Filing |
Data to be provided in the Form |
Professional Fees |
1 |
AOC 4 |
Annual |
Details of Financial Statements |
2,500/- |
2 |
MGT 7 |
Annual |
Details of Annual return |
2,500/- |
3 |
INC 22 |
as per requirement |
Information regarding Shifting of Registered Office |
2,000/- |
4 |
SH 7 |
as per requirement |
Information regarding change in Share capital |
4,000/- |
5 |
ADT 1 |
as per requirement |
Appointment of an Auditor |
1,500/- |
6 |
ADT3 |
as per requirement |
Resignation of an Auditor |
1,500/- |
7 |
DPT 3 |
Annual |
Information regarding Deposit/ Outstanding Loan |
2,000/- |
8 |
Directors KYC |
Annual |
Information/Change/Updation in Director's Details |
1,000/- |
9 |
CHG 1 |
as per requirement |
Information of Creating/Updation of Existing Charge |
3,000/- |
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