In case of Late filing or non-filing of Annual ROC Return before the due date or the last date...
Private Limited Company is one of the most popular forms of starting a business, once registered it gives access to a crucial benefit, one can add shareholders, raise loans, attract the best talent with equity among other things. To obtain such benefits one needs to comply with the rules and regulations under Companies Act, 2013, which starts from the date of incorporation. Therefore, it is essential to take help of a professional to ensure timely compliance, in order not to attract any interest or penalty.
The following table will help to elaborate some of the important / mandatorily compliances of a private limited company:
|Compliance Requirement||Description and Timeline|
|Auditor’s Appointment||Statutory audit is needed for to determine whether a Company is providing a true and fair view of its financial condition by providing bank balance, financial transactions, etc. Hence, it is a mandatory requirement for every private Company.
Statutory audit is same as any other audit. As given under Companies Act, 2013 an auditor is the appointed for a term of 5 years. And in the case of new business, within one month of registration. Hence it is one of the important compliances of Private Limited Company.
Statutory Audit of Accounts
|For every Private Limited Company, it is necessary to prepare its accounts and get the same audited by a Chartered Accountant. The Auditor will provide a report called an Audit Report and the Audited Financials for the purpose of filing it with the Registrar.|
|Filing of Annual(yearly) Return (Form MGT-7)||Every Private Limited Company shall mandatorily file its Annual Return within a period of 60 days from the date of Annual General Meeting. Such annual return shall be for the period from 1st April to 31st March.|
|Filing of Financial Statements (Form AOC-4)||Every Company is required to file its Balance Sheet along with the Statement of Profit and Loss Account and Director’s Report within 30 days from the date of holding of Annual General Meeting.|
|Holding Annual General Meeting||Every Company shall hold an Annual General Meeting every year within a period of 6 months from the date of closing of the Financial Year.|
|Preparation of Directors’ Report||A report from directors known as Director’s Report shall be prepared and all the information prescribed under the Companies Act 2013 shall be provided.|
Audit means of examination of accounting records undertaken with a view ensure that an organization is providing a true and correct view of its financial position to the shareholders. To broadly specify the purpose of a statutory audit is the same as the purpose of any other audit – to determine whether an organization is providing a fair and accurate representation of its financial position by examining information such as bank balances, bookkeeping records, and financial transactions.
Every director is under obligation to submit reports containing details about directorship in other companies every year. This is to be in writing and in the format prescribed.
Some of the statutory registers and records required to be maintained by a Private Limited Company are Register of shares, Register of Members, Register of Directors etc. Apart from incorporation documents of the Company, all the resolutions passed at the meeting of the Board of directors, minutes of all meeting i.e. Board or Annual General Meeting should be maintained and preserved by the Company.
Such records are to be kept at the registered office of the company and shall be open for inspection to its members during business hours. Also, the statutory records and registration are required to be maintained for a period of eight years and in good order.
There are certain event based compliance apart from the Compliance mentioned above, such as
These are some of the major compliance for a Private Limited Company in India. If the company fails to comply with any provisions of the Act there are penalties for every such noncompliance.