ROC FILLING

OVERVIEW

Annual ROC Compliances are the detailed reporting of business procedures that every registered business unit operating in India should submit to ministry of corporate affairs (MCA) within deadline. Every company registered under companies need to fulfill certain compliance which are mandatory for companies.

PRIVATE LIMITED COMPANIES:

OVERVIEW

In legal terms, Section 2 (68) of the Companies Act, 2013 defines a private company as: “A Company having a minimum paid-up share capital as may be prescribed, and which by its articles,— (i) restricts the right to transfer its shares; (ii) except in case of One Person Company, limits the number of its members to two hundred; (iii) prohibits any invitation to the public to subscribe for any securities of the company.” In layman Terms A Private Limited Company is Form of Entity which is owned by non-governmental organizations or a relatively small number of shareholders or members of a company with their Liability being limited to the Amount of Shares held by them and the company being restricted to publically deal in its share.

DOCUMENTS REQUIRED FOR FORMING PVT. LTD. CO.

  • Share capital amount and proposed ratio for holding shares.
  • A short description of the company and the business.
  • Name of the city where the registered office of the company is located.
  • Ownership and sale deed (In case your own premise).
  • Identity proof of the Directors and Shareholders (PAN Card).
  • Address proof of the registered office (Electricity bill, telephone bill, etc.)
  • Address proof of the Director or the Shareholder (Voter ID, Passport, Driving license, etc.)
  • A duplicate copy of the latest electricity bill, telephone bill, or mobile bill for directors.
  • Occupation details of directors as well as shareholders.
  • Email address of the directors and shareholders.
  • Contact details of directors and shareholders.
  • Passport size photo of directors and shareholders.
  • In case the property is on rent then you need to submit a copy of the rent agreement with No Objection Certificate (NOC) from the landlord.
  • Affidavits for non- acceptance.
  • NOC for a change in the original subscribers of MOA.
  • MoA and the AoA subscriber sheets.
  • PAN Card of the company.

FORMS & COMPLIANCES

FORM ADT-1:
Appointment of the Auditor (Form ADT-1) Companies must appoint their first auditor within 30 days of incorporation. The first auditor is to be appointed for five years and the appointment must be filed before RoC using Form ADT-1. When a new auditor is appointed by a company within 15 days from the date of the annual general meeting, form ADT-1 is to be filed with the RoC.
FORM MGT-7:
Every company has to file Form MGT-7 within 60 days from the date of conducting the annual general meeting. It should contain the following information:
  • Details of the board and member meeting
  • Registered office and principal place of business of other holdings and associate companies
  • Debenture holders/members including the changes made
  • Key managerial personnel, directors and promoters with mention of the changes made.
  • Remuneration of directors and key managerial personnel
  • Details of the legal matters that the company is involved in
  • Details of any penalty or fine imposed on the company
  • Shareholding pattern
  • Debentures, shares, and other securities
  • Liability or indebtedness
  • Certification of compliance matters.
These details will be open for public inspection in case of any dispute or any matter arising thereof. In case of default in filing the annual return, a fine of ₹100 will be imposed per day of default.
FORM AOC-4:
This filing is also a mode of communication between the shareholders and the board of directors of the company. Further, the form informs the shareholders about their investment and discloses all the financial transactions done in the financial year. Further, this formality should be discharged within 30 days from the date of the annual general meeting. It should include the following:
  • Balance sheet
  • Details of the particulars on the balance sheet
  • Details of corporate social responsibility
  • All the related party transactions that the company have entered into
  • Details of the profit and loss account
  • The audit report and any other miscellaneous transactions (both directors and secretarial audit)
  • Particulars about the auditor and board meeting should also be filed.

ONE PERSON COMPANY

OVERVIEW:

Section 2(62) of Companies Act defines a one-person company as a company that has only one person as to its member. Furthermore, members of a company are nothing but subscribers to its memorandum of association, or its shareholders. So, an OPC is effectively a company that has only one shareholder as its member.
One Person Company in India is a new concept that has been introduced with the Company’s Act 2013. One Person Company in India is incorporated by a single person. Before the enforcement of the Companies Act 2013 a single person was not able to establish a company. An OPC has features of a Company and the benefits of the sole proprietorship.
DOCUMENTS REQUIRED FOR FORMING OPC
To register a One Person Company in India an applicant has to submit the following documents:
  • PAN Card
  • Aadhar Card
  • Photo ( Of Director and Nominee)
  • Latest Bank statement or any bill that bears the name of the Director or the nominee
  • Latest Bill for the office address.
FORMS & COMPLIANCES
DIR-8
Disclosure of non-disqualification in each financial year by every director.
MBP-1
By every Director at each financial year for disclosure of director interest in other entity in First Meeting of the Board of Director Fresh MBP-1 is required to be submit whenever there is change in director interest from the earlier.
DIR-3
By all the Directors of the company shall file DIR-3 on or before 30th September every year.
MSME-1
Company to file MSME-1, half yearly in respect of pending payments to MSME vendors as at end of half year.
April to Sep: 30th October
October to March: 30th April
DPT-3
To be filed every year on or before 30 June in respect of return of Deposit and particulars not considered Deposits as on 31st March.
ADT-1
Auditor will be appointed for 5 years in form ADT-1 within 15days of Annual General Meeting.
MGT-7
OPC fill its annual return within 180 days from the closure of the financial year.
AOC-4
Company is required to file its Balance sheet along with Statement of Profit and Loss Account, Director Report and Auditor report within 180 days from the closure of financial year.

LIMITED LIABILITY PARTNERSHIP (LLP)

OVERVIEW

The Concept Of The Limited Liability Partnership (LLP) Was Introduced In India In 2008. The Limited Liability Partnership Act, 2008 Regulates The LLP In India. Minimum Two Partners Are Required To Incorporate An LLP. However, There Is No Upper Limit On The Maximum Number Of Partners Of An LLP. .LLP Is An Alternative Corporate Business Form That Gives The Benefits Of Limited Liability Of A Company And The Flexibility Of A Partnership llps Are A Flexible Legal And Tax Entity That Allows Partners To Benefit From Economies Of Scale By Working Together While Also Reducing Their Liability For The Actions Of Other Partners.
DOCUMENTS REQUIRED FOR INCORPORATING OPC
To register an LLP in India, the following documents are required:
  • PAN Card of the Partners
  • Address Proof of the Partners
  • Utility Bill of the proposed Registered Office of the LLP
  • No-Objection Certificate from the Landlord
  • Rental Agreement Copy between the LLP and the Landlord

FORMS & COMPLIANCES

LLP Form 3
The Partners of an LLP are required to execute an LLP Agreement and a copy has to be filed with the Registrar or Companies in LLP Form 3 within 30 days of incorporation of LLP.
Statement of Accounts and Solvency in LLP Form 8
Every LLP is required to prepare and close its accounts until the 31st March every year. From 8 is to be filed by at least two Designated Partners with the Registrar within 30 days after completion of six months of Financial Year.
Annual return in LLP Form 11
Annual Return or Form 11 is a Summary of all the Designated Partners like whether there are any changes in the management of the LLP or not. It is required to be in Form 11 to the Registrar within 60 days from the closure of financial year.
DIR 3 KYC
Each designated partner for an LLP is required to file form DIR 3 KYC on for before 30th September of each financial year.

PUBLIC COMPANY

OVERVIEW

A public limited company is a business that is managed by directors and owned by shareholders. A public limited company can offer shares to the public. A public limited company is also listed on the stock market and essentially needs to be more open and public about its details than a private company. 

ANNUAL COMPLIANCES

MCA Form AOC-4:
The registered private limited companies must file MCA Form AOC-4 on or before 30th November 2021 for the FY2020-21. Failure to file AOC-4 will attract a penalty of Rs. 200 per day of default or delay.
MCA Form MGT-7:
It is necessary to file MCA form MGT-7 on or before 31st December 2021 for FY2020-21. Failure to file MGT-7 attracts a penalty of Rs.200 Per day of default or delay.
DIN E KYC
All the directors of the company must be filed for the DIN eKYC or DIR-3 eKYC. In DIR-3 eKYC, the Director must provide a unique personal mobile number and a personal email address. There’s a penalty of Rs. 5000 in case of failure to file DIN eKYC.
Hold Annual General Meeting
For a private limited company, it is mandatory to hold an annual general meeting once a year. Companies are required to keep their AGM within six months from closing the Financial year.
Director's report
Preparation of the Directors report will be done with all the information required under Section 134.