Private Limited Company Registration

Annual Compliances for Pvt Ltd Companies - An overview

All Private Limited companies in India are governed by the Ministry of Corporate Affairs (MCA) under the Companies Act, 2013. According to this act, every company, post incorporation, has to fulfil some, mandatory legal obligations. The compliance requirements are complex with each falling on different due dates and failing to meet them in a timely manner can greatly impact a company.

This may include paying heavy penalties (up to Rs. 1 lakh a year) or the companies and their directors getting blacklisted for a short period of time.

You should maintain a public record which consists of the company’s information which is called as the annual returns of the company, which will be available in the Companies Register. Every year, you are supposed to update the annual return companies regularly.

Filing Annual Compliance - A detailed process

Following are the mandatory compliances that private limited companies have to fulfil. At JAL our expert Chartered Accountants, Accounting & Taxation professionals and Company Secretaries will take care of all your compliance requirements. We offer the best-in-class legal consultation for your company. Our team will cover the following compliance requirements as mandated by the Ministry of Corporate Affairs.

1. Facilitation of Meeting of Board of Directors:

The first meeting has to be conducted within 30 days of incorporating a business after which four meetings shall be held every quarter in a calendar year. There should not be more than 120 days of gap between two consecutive meetings.

2. Preparation of Minutes of Proceedings of Meeting:

Every company needs to file its minutes of the meeting and it shall be preserved permanently to add value in case of any dispute. The Meeting Minutes will be maintained at the Registered Office.

3. Issuance of share certificates:

The company is required to issue share certificate to the subscribers of memorandum within 60 days of incorporation.

4. Filing of Disclosure of Director’s Interest and Declaration of Disqualification:

In the first Board Meeting, all the Directors are required to give disclosure about their interest in other business entity.

5. Filing Declaration of Commencement of Business with RoC:

This has to be done upon registration of the company. Form INC 20A mandatorily needs to be filed within 180 days from incorporation.

6. Facilitation of Annual General Meeting:

A company shall conduct at least one AGM each year. The first Annual General Meeting shall be held within nine months from the closing of the first financial year of the company. In other cases, it shall be within six months from the closing of the financial year.

For Eg: If a Company is incorporated on or before 31st December 2018, the First Annual General Meeting must be conducted within 9 months from the date of closing of 1st Financial Year ( 31.12.2018 - 31.03.2019), that is, by 31st December 2019.

If a Company is incorporated on or after 1st January 2019, First Annual General Meeting to be conducted within 15 months, i.e., by 31st December 2020.

7. Annual Return companies have to be e filed with the RoC within 60 days of the conclusion of AGM.

8. Quarterly compliance:

Every company has to hold a minimum of four meetings of its board of Directors, that is, at least one board meeting every quarter of the calendar year.

9. Statutory registrations:

All statutory registrations like GST, PF, ESI, IEC, etc. must be made.