Annual Mandatory Compliances
Private Limited companies are required to comply with several legal and regulatory obligations after their incorporation, including annual compliances under the Companies Act, 2013. These compliances are mandatory and must be completed within their prescribed due dates.
- Annual General Meeting (AGM):
- Every private limited company must hold an Annual General Meeting (AGM) each year.
- The AGM must be held within six months from the end of the financial year, i.e., by 30th September of the following financial year.
- Annual Return (Form MGT-7):
- The annual return must be filed with the Registrar of Companies (ROC) within 60 days of holding the AGM.
- It contains details such as the company’s registered office, principal business activities, particulars of its holding, subsidiary and associate companies, shares, debentures, and other securities.
- Financial Statements (Form AOC-4):
- Financial statements, including the balance sheet, profit and loss account, and director’s report, must be filed with the ROC within 30 days of holding the AGM.
- Statutory Audit of Accounts:
- Every private limited company must get its accounts audited by a Chartered Accountant at the end of the financial year.
- The auditor's report and audited financial statements are to be filed with the ROC.
- Directors’ Report:
- The Board of Directors must prepare a Directors’ Report, which is part of the financial statements and presented at the AGM.
- It includes information on the state of the company’s affairs, dividend declaration, director changes, and other significant matters.
- Income Tax Return (ITR):
- Every company is required to file an Income Tax Return for the financial year by 30th September of the following financial year.
- Form DIR-3 KYC:
- Every Director who has been allotted a DIN (Director Identification Number) must submit their KYC details annually.
- Form ADT-1:
- Appointment of Auditor must be filed with the ROC within 15 days of the AGM in which the auditor was appointed.
- Form DPT-3:
- Return of deposits must be filed with the ROC annually, containing particulars of transactions not considered deposits as per the Companies Act.
- Form MSME-1:
- Details of outstanding payments to Micro or Small Enterprises (MSMEs) must be filed twice a year:
- For the period April to September – by 31st October
- For the period October to March – by 30th April
- Form BEN-2:
- Details of Significant Beneficial Owners (SBO) must be filed with the ROC if any significant beneficial ownership exists.
- Form MBP-1:
- Disclosure of interest by directors must be filed at the first board meeting of the financial year or whenever there is any change in the director's interest.
- Maintenance of Statutory Registers:
- Every company must maintain various statutory registers like the register of members, register of directors and KMP, register of charges, etc.
- Board Meetings:
- Every company must hold a minimum of four board meetings in a year, with a maximum gap of 120 days between two consecutive meetings.
Adhering to these compliance requirements is crucial for private limited companies to avoid penalties and legal issues. It’s advisable to consult with a professional, such as a Company Secretary or Chartered Accountant, to ensure all compliances are met timely and accurately.