Annual Compliance Requirements for a Private Limited Co. in India
Annual Compliance Requirements for a Private Limited Co. in India
Pvt Ltd Co. in India must comply with several regulatory requirements under the Companies Act, 2013, the Income Tax Act, and other applicable laws. Timely compliance not only ensures smooth functioning and legal standing but also helps avoid hefty penalties and director disqualification. 📅 Key Annual Compliance Requirements 1. Board Meetings · Frequency: Minimum of 4 meetings in a financial year (at least one per quarter). Except OPC, Small Companies, and Dormant Companies. · Gap Between Meetings: Not more than 120 days. · Documentation: Proper minutes must be maintained for each meeting. 2. Annual General Meeting (AGM) · Requirement: Mandatory each year (except the first financial year). · Due Date: Within 6 months from the end of the financial year, no later than 30th September. · Notice: Minimum 21 days' notice to shareholders, directors, and auditors. 3. Annual Filings with the Registrar of Companies (RoC) · Form AOC-4: For filing financial statements. · Form MGT-7: For filing the annual return. · Due Dates: o AOC-4: Within 30 days from the date of AGM. o MGT-7: Within 60 days from the date of AGM. 4. Income Tax Return (ITR-6) · Requirement: All companies (except those claiming exemption under section 11) must file ITR-6. · Due Date: o 30th September if audit is applicable. o 31st October if subject to transfer pricing. 5. Tax Audit (if applicable) · Thresholds: Mandatory if turnover exceeds: o ₹1 crore (business) o ₹50 lakhs (professionals) · Forms: File Form 3CA/3CB and Form 3CD. 6. Statutory Audit · Requirement: All Pvt Ltd companies must have their financials audited annually. · Auditor Appointment: File Form ADT-1 for appointment/reappointment of auditors. 7. DIR-3 KYC · Who: Every director with a DIN must file their KYC annually. · Due Date: 30th September. 8. MSME Form I (if applicable) · Requirement: Filed if dues to MSME vendors remain unpaid for more than 45 days. · Filing Frequency: Twice a year: o April–September: Due by 30th October o October–March: Due by 30th April 9. Event-Based Compliances Triggered by specific corporate actions, these include: · Change in directors: Form DIR-12 · Change in registered office: Form INC-22 · Increase in authorized capital: Form SH-7 · Allotment of shares: Form PAS-3 ⚠️ Consequences of Non-Compliance · Financial Penalties: Late filing fees (e.g., ₹100/day for certain RoC forms). · Legal Repercussions: Company may be marked as “inactive” or “defaulting.” · Director Disqualification: Due to non-filing of annual returns for 3 consecutive years. 📌 Final Thoughts Maintaining annual compliance for a Pvt Ltd company is not just a legal formality but a critical component of good corporate governance. Engaging a professional can help ensure timely filings and avoid unnecessary hassles.
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