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May 17, 2022
Introduction of Private Limited Company
Private Limited Company is the most preferred structure to carry on business for an entity intending to make a profit and enjoy the benefits of an incorporated entity, particularly limited liability. Besides, limited liability, separate legal entity, perpetual succession, and various other benefits there are also mandatory compliances applicable to the Private Limited Company in India.
Here the entrepreneurial skill comes into light that how he manages the day-to-day business operations along with the mandatory compliances. One may also require the help of an experienced professional in order to have better clarity on what are the mandatory compliances applicable to his Private Limited Company. We at Ebizfiling will provide you complete guidance on all the compliances applicable to your company with our experienced professional team driven by Chartered Accountants, Company secretaries, IT professionals, Lawyers, and Influencers, who have vast experience in the respective fields.
Looking into the recent scenario Ministry of Corporate Affairs (MCA) has outperformed and struck off more than 2 Lakh companies and disqualified more than 3 Lakh directors for non-compliance with DIR-3 KYC and various provisions of the Companies Act, 2013. In order to save oneself from heavy penalties imposed by the Ministry, one needs to follow the required compliances. The compliances applicable to the company could be segregated into 2 parts Mandatory Compliance Calendar and the Event-Based Compliance Calendar.
Mandatory Compliance Calendar for Private Limited Company
We have elaborated some of the mandatory compliances that a private Limited company must ensure:
Company Compliance Checklist |
Description and Timeline |
First Board Meeting |
The First Meeting of the Board of Directors is required to be held within 30 days of Incorporation of the Company. Notice of BM must be sent to every director at least 7 days before the meeting. |
Subsequent Board Meetings |
Minimum 4 Board Meetings to be held every year with not more than 120 days gap between two meetings. |
Filing of Disclosure of interest by Directors |
Every director at: |
First Auditor |
The First Auditor of the company shall be appointed by the BOD within 30 days of Incorporation who shall hold the office till the conclusion of 1st AGM. In the case of the First Auditor, filing of ADT-1 is not mandatory. |
Subsequent Auditor |
The BOD shall appoint the auditor in the first AGM of the company who shall hold the office till the conclusion of the 6th AGM and shall inform the same ROC by filing ADT-1. The responsibility to file Form ADT 1 is that of the company and not of the auditor within 15 days from the date of appointment. |
Annual General Meeting |
Every Company is required to hold an Annual General Meeting on or before 30th September every year during business hours (9 am to 6 pm), on a day that is not a public holiday and either at the registered office of the Company or within the city, town or village where the registered office is situated. A 21 clear days’ notice is required to be given for the same. |
Filing of Annual Return (Form MGT-7) |
Every Private Limited Company is required to file its annual return in form MGT 7. The ROC form MGT 7 is required to be filed within 60 days of holding an Annual General Meeting. |
Filing of Financial Statements (Form AOC-4) |
Every Private Limited Company is required to file its Balance Sheet along with a statement of Profit and Loss Account and Director Report in this form within 30 days of holding of Annual General Meeting. |
Statutory Audit of Accounts |
Every Company shall prepare its Accounts and get the same audited by a Chartered Accountant at the end of the Financial Year compulsorily. The Auditor shall provide an Audit Report and the Audited Financial Statements for the purpose of filing it with the Registrar. |
Event-Based Compliances calendar Private Limited Company
Even based compliances are those which get triggered upon happening of certain events like change in directors, change of registered office, change in authorized share capital, etc. Hence, it is necessary that the happening of such events get tracked and compliances met with on time in order to avoid penalties or additional fees. Some of the Event-based compliances are mentioned below along with the time limit:
Events |
Form No. |
Time Limit |
INC-22 |
Within fifteen days from the date of such change |
|
DIR-12 |
Within 30 Days of such change |
|
SH-7 |
Within 30 days of passing Ordinary Resolution |
|
Filing of resolution and agreements |
MGT-14 |
Within 30 days from date of passing resolution |
Increase in Paid up share capital (Issue of security) |
PAS-3 |
Within fifteen days from the date of the allotment |
Change in secured borrowing (Creation, modification and satisfaction of charge) |
CHG-1 |
All types of Charges within 30 days of its creation |
DIR-3 KYC |
On or before 30th September of immediate next Financial Year (Annual Compliance) |
|
INC-22A |
On or before 25th April 2019 (Applicable to all companies registered before 31st December 2017) |
|
INC-20A |
Within a period of 180 days of the date of incorporation of the company. (Applicable to companies incorporated after 2nd November 2018.) |
Consequences of Non-Compliances
If a company fails to follow any of the regulatory compliances then the Company and every officer who is in default shall be punishable with a fine for the period for which default continues. Hence the penalties will keep on increasing as the time period of non-compliance increases.
Private limited company compliances charges
Hello Akshay Sugandhi,
Thankyou for your Inquiry!!
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