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List of Legal and Financial Compliances of Companies in General
Author - Associate Aswini Ramesh
Registering your company is just the first step of running a successful business. The companies act, 2013 replaced the previous companies act and it is one of the most significant legal reforms in India to bring Indian company law on par with global standards. Under the Companies Act, 2013, there are certain mandatory compliances that needs to be followed by every company regardless of the nature of business, type the company etc.,
Once a company is registered with the Registrar Of Companies (ROC) the following are the mandatory compliances that are required to be followed by every company :
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Verification Of Registered Office
Within 15 days of the incorporation of the company and all times thereafter, a company is required to have a registered office for receiving and acknowledging all official communication and notices to be address to it. Verification of the registered office is to be filed in FORM INC -22 within 30 days of the incorporation of the company.
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Display Of Company Name And Details
All companies are required to have their name board outside their registered office, along with its name, Company Identification Number (CIN), registered office address, phone number, E-mail address, Fax number and website.
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Meeting Of Board Of Directors
In any company the first meeting of the Board of Directors should be held within 30 days of incorporation of the company.Also four board meetings are needed to be held every financial year such that the gap between two consecutive board meetings is not more than 120 days.
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Disclosure Of Interest By Directors
All the directors in the first board meeting are required to disclose their interest in other entities in FORM MBP -1.
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Issuance Of Share Certificate
The company is required to issue share certificates to the members of the company within 60 days of its incorporation.
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Appointment Of Statutory Auditors
If it is a newly incorporated company, then Auditor may be appointed by either the Board Of Directors within 30 days of incorporation of the company , or may be appointed by the members in Extra Ordinary General Meetings in 90 days of incorporation of the company then ratification or re-appointment is required in every consequent Annual General Meeting Of the company.
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Filling Of Financial Statements
Within 30 days of Annual General Meeting every company is required to file its financial statements in FORM AOC- 4 which should be digitally signed at least by one director and is required to be certified by a company secretary or a chartered accountant in practice.
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Filing Of Annual Returns
All companies are required to file their annual returns with registrar of companies within 60 days of annual general meeting in FORM MGT- 7 and should be digitally signed by at least one director and is required to be certified by a practising company secretary if it is a large company.
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Maintenance Of Statutory Register
The following companies are required to be maintained by each and every company :
MGT- 1: Register Of Members
MGT- 2 : Register Of Debenture Holders
MGT- 3 : Foreign Register Of Members, Debenture Holders Other Security Holders or Beneficiary Residing Outside India
FORM SH- 2 : Register Of Renewed And Duplicate Share Certificate
FORM SH- 3 : Register Of Sweat Equity Shares
FORM SH-6 : Register Of Employee Stock Options
FORM SH- 10 : Register Of Shares or Securities Bought Back
FORM CH- 7 : Register Of Charges
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Corporate Social Responsibility (CSR)
As per the Companies Act, 2013 companies are required to make contributions in philanthropic activities. Companies should adhere to CSR criteria and undertake CSR activites in every financial year as specified under the act.
Sophie Asveld
February 14, 2019
Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.
Sophie Asveld
February 14, 2019
Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.