MCA-ROC Filings & Compliances in India
A business registered & running in India has to comply & adhere to various central & state-regulated compliance, irrespective of their constitution. Coping up with all this regulation can be difficult for an average business person to take care of the same and focus on expansion or strategizing the business growth. Hence we at TAXAJ share that responsibility & help you to focus on your core business areas and leave us with all the taxation & related worries because we are The Financial Doctors!
Every company registered under the Companies Act 2013 or under the earlier Companies Act, 1956, must file annual returns to the Registrar of Companies. These ROC returns are returns of the company’s account that consist of the company’s balance sheet, profit and loss statement, annual return and compliance certificate.
Statutory Registers
There are various Statutory Registers required to be prepared and maintained as per companies act for complying with the law.
Annual Filing LLP
An LLP must file the Annual Accounts and Statement of Affairs to the MCA for all the business activities done during the previous year.
Annual Filing PLC
A Private Limited Company must file the Annual Accounts and Statement of Affairs to the MCA for all the business activities done.
DIN Surrender
It's better to surrender your Director Identification Number if you aren't Active in any Company or LLP in MCA and neither willing to and avoid compliance'
DIN Apply
Any Individual willing to start a company/LLP/section 8 requires Director Identification Number (DIN). It is mandatory to even be a stakeholder in any of them.
DIR 3 KYC
DIR 3 KYC is a newborn mandatory law that has to be complied with every year by a DIN person, irrespective of Directorship in a company.
Form DPT-3
Every year, companies must file Form DPT 3 on MCA to declare all the secured and unsecured loans taken by the company for the period.
Form INC 20A
To obtain a Certificate of Commencement, you must file INC 20A (Certificate of Commencement). To ensure that introduction of capital in the company INC-20A.
Reserve Unique Name
Securing the unique brand name you have been dreaming of for your Start-Up is vital to give it an Identity; with TaxaJ, you are in safe hands.
Change in Stakeholders
Whether it's Appointment, Resignation or Replacement of Director or Partner in a Company/LLP, we are here to do it for you with ease.
Change in Address
Shifting of Registered Office Address in Company or LLP or Section 8, reach out to us and get this done in the fastest manner.
Change in Name
Planning to change the name of Company, Section 8, OPC or LLP for better visibility, you are precisely at the right place for the same.
Change in MOA
You might be changing the business object, capital, business name or any such significant part of the memorandum; we are here to help.
Increase in Capital
Are You Getting fund from the outside of the company or internal injection? The capital increment is a basic necessity for the growth of any business.
Transfer of Shares
Taking over a new company or transferring the company rights to someone you do business with, you may need to transfer shares legally.
ROC Search Report
ROC Search Report is a tool in the hand of stakeholders after detailed inspection from the records of the Registrar of Companies.
Enquire MCA Fees
MCA has a specific set of Legal Fees, Penalty or Stamp Duty for different services. You can check it yourself before you wish to proceed further.
Enquire DIN Status
Keep Checking your DIN Status regularly. It often gets DeActivated due to any Non-Compliances at the MCA from your end.
Form PAS-6
Form PAS-6 is a half-yearly 'Reconciliation of Share Capital Audit Report' form that needs to be submitted by the unlisted public companies to the ROC.
Dormant Company
A Dormant Company is an Inactive company that has not done any business or made significant financial transactions during the previous two financial years.
XBRL Filing ROC
XBRL is a language for the communication of financial and business data electronically used for business reporting around the world.
Form SFT Filing
Statement of financial transaction or reportable account is to be filed by certain prescribed entities to furnish the details of specified financial transactions by them during the year to RBI & other Reporting entities as prescribed by law.
CSR Registration
Form CSR-1 is for “Registration of Entities for undertaking CSR Activities”,relating to the information about the entity that intends to undertake CSR activities. The second part of Form CSR-1 is certification by practising professional.
Form MSME-1
The MSME-1 is a half-yearly return that the specified companies need to file regarding their outstanding payments to the MSME. In this manner, the ROC can keep track of the companies that have outstanding dues towards MSMEs.
Compliances for a Company & LLP
Compliance for Limited Liability Partnership:
| Form | Particulars | Due date | Penalty |
| DIR-3 KYC (Annually) | For every person who has allotted DIN | Within 30 days from the availability of the form for F.Y 2018-2019 (30th June of immediate financial year) | Rs. 5000/- |
| Form-11 (Annually) | Annual Return | 30th May 2019 (within 60 days of the end of financial year) | Rs. 100/day |
| Form-8 (Annually) | Statement of Account & Solvency | 30th October 2019 | Rs. 100/day |
In the case of non-filing, MCA may levy penalties on the LLP and to its partners’. Also, MCA may issue notice for striking off the LLP.
| Form | Particulars | Due date | Penalty |
| DIR-3 KYC (Annually) | For every person who has allotted DIN | Within 30 days from the availability of the form for F.Y 2018-2019 (30th June of immediate financial year) | Rs. 5000/- |
| Form DPT-3 (One time) | For every company other than Government company having outstanding receipt of money or loan other than deposits from 1st April 2014 to 22nd January 2019 | 22nd April 2019 (within 90 days from the date of notification) | Additional fees |
| Form INC-20A (One time) | Declaration of Commencement of Business for companies incorporated on or after 2nd November 2018 | within 180 days from the date of incorporation of a company | Additional fees |
| Form INC-22A (One time) | Every company registered on or before 31st December 2017 to tag company as ACTIVE- (Active Company Tagging Identities and Verification | 25th April 2019 | Rs. 10,000/- and company will be marked as “ACTIVE- non-compliant” |
| MSME-I (First time) | For every specified company who get supplies of goods or services from MSME | Within 30 days from the availability of the form on MCA portal | Form is not available |
| MSME-I (Half yearly) | For every specified company who get supplies of goods or services from MSME | 31st October 2019 (April – September) 30th April 2020 (October – March) | Form is not available |
| Form ADT-1 (Annually) | Appointment of Auditor | Within 15 days from the conclusion of AGM | Additional fees |
| Form AOC-4 (Annually) | Filing of financial statements of the company | Within 30 days from the conclusion of AGM | Rs. 100/- per day till the date of filing of the form |
| Form MGT-7 (Annually) | Filing of annual return of the company | Within 60 days from the conclusion of AGM | Rs. 100/- per day till the date of filing of the form |
A company must fulfill all the compliance within the due date to avoid late filing fees. The directors of the company may also be liable for non-compliance and thus for penalties.
Be compliant with TAXAJ; file all the forms with MCA without waiting for the due dates to avoid consequences.
