Compliances for Private Limited Company

Author name: Rajneesh Kumar

Created date: 04-02-2023

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Every LLP or Private Limited Company must ensure several compliances after being registered as a corporate entity, some of which are Annually or some of them dependent upon certain events that occurred within the company. Here is list of some general compliance-based form that every private limited company or LLP will have to file accordingly.

Annual Compliances

?         AOC-4

Every company needs to file its financial statements within 30 days from its Annual general meeting in which Company can file its financial statements in e-form AOC-4.

Attachments required: - Copy of Audited Financial Statements, Directors Reports, Notice to AGM, Copy of AGM, etc.

?         MGT-7A

Every OPC and small company shall prepare and file its annual return in the form MGT-7A. This e-Form is required to file within 60 days of AGM.

Attachment required: List of shareholders, List of Directors, List of debenture holders (if any).

?         LLP Form 8

      Every LLP shall on or before 3oth day of every October has to annually file its statements of   accounts and solvency with registrar.

        Attachment required: attachments are optional

?         LLP Form 11

Every LLP shall on or before 3oth day of every June has to file this form annually as its annual return.

Attachments required: attachments are optional

?         DPT-3

Every company other than Government company to which deposit rules apply, shall on or before the 30th day of June, of every year, file this e-Form DPT-3 with registrar.

Attachments required: Auditor?s certificate ?Return of Deposit and Particulars of transactions by a company not considered as deposit? is selected, List of depositors, details of liquid assets, Copy of trust deed etc.

Event-Based Compliances

?         MGT-14

Every company after passing special resolutions, ordinary resolutions or any other agreements has to file it in an e-Form MGT-14 within 30 days of such resolution.

Attachments required: - Certified copy of resolution, explanatory statement, Altered AOA & MOA (if there is an alteration), etc.

?         DIR-12

Every person who has been appointed as a director or where changes has been made among the directors then the company in which director is appointing or any changes has been made is required to file e-Form DIR-12 within 30 days of the appointment or changing of director.

Attachments required: Letter of appointment, Declaration of the appointee director in form DIR-2 format, Evidence of cessation, Particulars of Interest in other entities of director, Notice of resignation by the director, etc.

?         PAS-3

Whenever a company having a share capital makes any allotment of its securities, the company shall, within thirty days after the allotment, file with the Registrar a return of allotment in Form PAS-3

Attachments required: List of allottees, Copy of Board or Shareholders? resolution approving allotment of shares, record of private placement in form PAS5

?         ADT-1

Every company shall, at the first annual general meeting, appoint an individual or a firm as an auditor who shall hold office from the conclusion of that meeting till the conclusion of its sixth annual general meeting. Company appointing such subsequent auditor requires to file this e-Form within 15 days of AGM.

Attachments required: - Copy of the intimation sent by company, copy of written consent given by auditor, copy of resolution passed by the company, etc.

?         RUN

RUN Form denotes 'Reserve Unique Name?, this e-Form is used by an applicant for reserving the unique name at the time of incorporation of company or by an existing company seeking to change its name. Such form must be file within 30 days of board resolution in case of existing company seeking to change its name.

Attachments required: - Supporting document for reserving new name.

?         INC-24

When any change in the name of a company is made then this e-Form INC-24 required to be filed by the company within 60 Days from application for Reserve a new name.

Attachment: Certified copy of EGM in which special resolution passed, Notice to such EGM, Turnover certificate from chartered accountant if change in name due to change in main activity of the company, etc.

Compliances Under 30 Days within incorporation

?         Board Meeting:

Any company being after being incorporated held it first board meeting within 30 days of incorporation and appoint its first statutory auditor within same meeting.

Compliances Under 180 Days within incorporation

?         INC-20A

Every company after being incorporated requires to file an e-Form which states the commencement of business of company with registrar within 180 days from incorporation of Company.

Attachment required: Subscribers proof of payment for value of shares.